Divorce from foreigners in Vietnam is a legal event ending marriage relations involving at least one foreigner and one vietnamese citizen. For this issue often makes our customers very confused especially about the issue of determining where the competent authorities solve.
Divorce from foreigners in Vietnam
Through this article DFC lawyers will clarify this issue for you to read if falling into the same situation as my client will understand how to solve.
Legal grounds
Contents of consultation
In accordance with the current Law on Marriage and Family, divorces with foreigners in Vietnam will be settled at vietnamese competent authorities based on Vietnamese law, so there is not too much difference in the nature of divorce settlement with foreigners in Vietnam. Divorce is divided into two forms: favorable divorce and unilateral divorce, based on the provisions of the Law on Marriage and Family 2014 we will generalize the procedure for resolving these two divorce cases if there is a party with foreign nationality.
1. Procedures for favorable divorce from foreigners in Vietnam
When consenting to divorce from foreigners in Vietnam, three factors must be ensured: The two parties voluntarily divorce; agreed on who will look after and nurture the child as well as the support obligations of the other party; agreed on the issue of division of assets.
After the above issues have been agreed, one of the parties will make a petition to the Court where one or two parties are registering permanent residence or temporary residence for settlement. After accepting the Court will summon the two parties to conduct mediation after the concmediation session but the two parties still agree on the divorce, the Court will recognize the divorce.
2. Procedures for unilateral divorce from foreigners in Vietnam
Unilateral divorce is a case where the two parties divorce without agreement on the division of property; about the level of support and about who has custody of the child. In this case, the person requesting a divorce must send the application to the Court for settlement. The determination of the court's jurisdiction is also complicated, in accordance with the Civil Procedure Code 2015 when unilaterally divorced the requester is required to file an application at the debt of the residing defendant.
However, it is very difficult for foreigners to divorce foreigners in Vietnam because they often have little stable job and often travel to explore. For this situation under the Civil Procedural Code 2015 if the defendant's exact residence cannot be determined, the applicant may send a foreign-elemented divorce application to the last court where he/she knows for sure that the defendant has come to reside here.
In other cases where the defendant is abroad then the divorce will be settled in the court where the plaintiff resides, the handing of the papers will then have to go through the Embassy where the country of that person carries the nationality to deliver the dossier to the country of residence.
The above are the procedures that we want you to understand when divorcing foreigners in Vietnam. In case of any difficulties in the resolution process, please contact our free legal call center 19006512 for the best advice and answers from our lawyers.
Luật Sư: Lê Minh Công
Với bề dày kinh nghiệm hơn 15 năm trong ngành tư vấn pháp luật, Luật sư tranh tụng tại Tòa án, Ông Lê Minh Công đã dẫn dắt DFC trở thành một thương hiệu uy tín và chất lượng cho người dân và là một trong những công ty đi đầu tại Việt Nam trong lĩnh vực tư vấn luật qua tổng đài.
