Where do I file for a divorce? Where to file for divorce with foreign elements in Vietnam? Let us learn about this topic with LSX law firm as follow:
Where do I file for a divorce in Vietnam?
According to Clause 2, Article 29 of the 2015 Civil Procedure Code; requests for recognition of consent to the divorce, agreement on child-rearing, and division of property fall under the court’s jurisdiction.
At the same time, according to Point b, Clause 2, Article 35 of the Civil Procedure Code; the court competent to resolve an amicable divorce is the district-level People’s Court.
Particularly, the request for a consensual divorce; that the spouse in a foreign country/needs to entrust to the Vietnamese representative agency abroad; to the Court, to a competent foreign agency is not within the jurisdiction of the spouse. The district court is the provincial court (based on Clause 3; Article 35 and Point c, Clause 1, Article 37 of the Civil Procedure Code). Documents required for divorce in Vietnam.
Not only that, point h, Clause 2, Article 39 of the Civil Procedure Code states:
The court where one of the parties consents to the divorce; agreement on child-rearing, property division upon divorce; residence and work competently to settle requests for recognition of consent to the divorce; agreement on child-rearing and division of property upon divorce;
Pursuant to the above provisions, when your husband and wife want to get a divorce by consent; they must file an application for a consensual divorce to:
– The district court at the place of residence of either spouse. The decision to file at the district court where the wife or husband resides shall be; mutually agreed upon by the husband and wife.
– Provincial Court: Consent divorce when husband and wife are abroad or require judicial entrustment.
Because in the question, you did not specify your case; based on the above analysis, you apply the rule in the most appropriate way.
Unilateral divorce, where to file in Vietnam?
Just like an uncontested divorce, the district-level People’s Court also has the authority to settle unilateral divorces. However, in the case of unilateral divorce, because this is a request of one party, the law specifically provides that the Court has jurisdiction to handle it.
Specifically, according to Point a, Clause 1, Article 39 of the Civil Procedure Code; the Court where the defendant (the person requested for a unilateral divorce) resides and works has the authority to settle the unilateral divorce.
Thus, when you want to get a unilateral divorce; you can file for divorce at your husband’s place of residence or work.
In addition, according to Clause 1, Article 11 of the Law on Residence 2020, the place of residence includes a place of permanent residence or a place of temporary residence. Therefore, you can file for divorce at your husband’s permanent or temporary residence.
Since the question does not specify where your husband’s permanent residence is, it can be divided into the following cases:
– Your husband rents an inn in Hanoi and has registered to temporarily reside here; you can file an application at the People’s Court of the district where you live in Hanoi.
– Your husband rents an inn in Hanoi but does not temporarily reside in Hanoi; and has permanent residence in Hai Phong, you must go to the District Court in Hai Phong to file for a unilateral divorce.
Where to file for divorce with foreign elements in Vietnam?
Divorce with foreign elements is defined in Article 127 of the Law on Marriage and Family as the divorce between Vietnamese citizens and foreigners or between foreigners but permanently residing in Vietnam.
According to Point a, Clause 1, Article 37 of the 2015 Civil Procedure Code, the court competent to settle divorces involving foreign elements is the provincial-level People’s Court.
Therefore, in your case, you can file for divorce to the People’s Court of the province – your place of residence.
Divorce without common property, how much is the court fee in Vietnam?
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Related questions
As analyzed above, when a divorce is consensual, the couple can agree to the district court where either party resides and works; Unilateral divorce is the district court where the defendant resides and works.
Whereas, residence under the Law of Residence includes a place of permanent residence or a place of temporary residence. Therefore, the husband and wife are completely entitled to file for divorce at the Court of the temporary residence of the wife or husband or of both spouses (if the same place of residence).
Many people mistakenly believe that where they register their marriage, they file for divorce there. However, this is a completely wrong concept. The commune-level People’s Committee is the place that has the authority to register the marriage for you, but the Court is the authority to settle the divorce for the couple.
Therefore, when you want a divorce, whether by consent or unilaterally, you do not file for divorce at the Commune People’s Committee (whether it is your wife’s commune or your commune).
If you want to get a divorce, depending on the type of divorce to choose a competent court as follows:
– Divorce unilaterally: District Court where your wife resides/works.
– Divorce by consent: The district court is agreed upon by the husband and wife.
Conclusion: So the above is Where to file for divorce with foreign elements in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
