Divorce with a foreigner in Vietnam

Cập nhật ngày: 29/09/2023 lúc 14:24

Divorce with a foreigner in Vietnam? The trend of marrying a foreigner is becoming increasingly popular. When friction arises in a marriage, when you no longer have feelings for your partner, you think about divorce. However, what kind of documents should I prepare to divorce a foreigner? How is the procedure done ? Please refer to this article.

Begin your journey of discovery regarding investment procedures in Vietnam, where opportunities await and success is not far away !

Do you need advice or support on what you are looking for ? For help setting up a business in Vietnam, investing, applying for temporary residence cards and visas, entry permits and work permits, please contact Vietnam Contact Luật Quốc Bảo .

Please contact hotline /zalo : 0763387788 .

Address : 528 Le Van Sy , District 14 , District 3 , Ho Chi Minh City

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1. What is divorce?

3 , Section 14 of the Marriage and Family Act 2014 , divorce is understood as:

Article 3 _ Interpretation of terms

14. Divorce is the termination of the marital relationship based on a legally valid judgment or court decision.

Therefore, once a court’s divorce decree or decision takes effect, it can be understood that the marital relationship is legally terminated. This means that even if a couple lives separately, does not live together, has not communicated with each other for many years, and even if they tear up their marriage registration, they will not file a lawsuit in court. or even if a decree of divorce is entered, the marriage still exists legally.

Divorce with a foreigner in Vietnam
Divorce with a foreigner in Vietnam

2. Who has the right to request a divorce?

51 of the Marriage and Family Act 2014 provides :

Article 51 _ Right to request divorce mediation

1. The husband, wife, or both have the right to apply to the court for a divorce settlement.

2. Parents and other relatives should apply for divorce settlement in court if one of the spouses is unable to recognize and control his or her behavior due to mental illness or other illness and is a victim of domestic violence by the husband. reserves the right to request. This seriously affects the lives, health, and mental health of the wives.

3. If the wife is pregnant, gives birth, or is raising a child less than 12 months old, the husband has no right to request a divorce.

Based on the above provisions, the following persons have the right to request divorce:

– The wife unilaterally requests the court to settle the divorce.

– The husband unilaterally requests the court to resolve the divorce.

– Both husband and wife agree to divorce and ask the court to resolve it.

– Parents and relatives have the right to request a divorce settlement from the court in the following cases:

  • One spouse suffers from a mental illness or another illness and is unable to recognize and control his or her actions .
  • One of the spouses is a victim of domestic violence by the husband or wife, which has seriously affected his or her life, health, and psyche .

3. If the divorce cannot be resolved

Divorce is not recognized in the following cases:

First , if the wife is pregnant, gives birth, or is raising a child under 12 months old, the husband has no right to request a divorce.

Second , there is no basis for the fact that a married couple commits acts of domestic violence or seriously violates the rights and obligations of husband and wife, causing the marital relationship to fall into such a serious situation that it becomes impossible to maintain a joint life. The purpose of marriage is not achieved.

4. Documents to be prepared when a foreigner requests divorce.

To obtain a divorce, the divorce applicant must prepare documents to submit to the court. A divorce notification with a foreigner includes the following information:

–Filing for divorce ;

–Marriage registration certificate (original)

– Personal documents of husband and wife: CCCD , ID card, passport (certified copy).

–Copy of the couple’s family register. Stay window ; Temporary residence card for foreigners in Vietnam (certified copy) ;

– Child’s birth certificate (certified copy).

– Documents proving joint assets and joint debts.

– If your spouse has left the country and your address in the foreign country cannot be determined, you will need a certificate to prove that your spouse has left the country.

Note : If both parties have filed a marriage registration based on foreign law and want to divorce in Vietnam, they must go through the process of legalizing the marriage registration certificate at the consulate and entering it in the registry of the Ministry of Justice before submitting the application. Must be completed. .Divorce in court.

5. Ability to resolve divorce with foreigners

the courts have jurisdiction to settle divorces with foreigners . Accordingly:

of residence shall have the power to settle divorces. .

In case of divorce with another foreigner, the state people’s court has jurisdiction to settle the divorce.

6. What will be the procedure if I divorce a foreigner in 2022?

Follow these steps to complete divorce proceedings with a foreigner in Vietnam:

Step 1: Prepare the document containing the section 4 document.

Step 2: File the divorce petition with the competent court as described in Section 5 .

Step 3: The court reviews and accepts the file.

Within 7 to 15 days, the court will review the documents and if the documents are complete and valid, the court will send an advance notice of court costs.

– If the documents are incomplete, the court will notify the divorce petitioner to amend and supplement the application or documents.

Step 4: The court makes a settlement.

The court will hold mediation and proceed with divorce proceedings in accordance with the procedures.

7.Disputes over property during divorce

Principles of property division during divorce For foreigners in particular and Vietnamese citizens in general, property division will be carried out according to the following principles:

1. Husband and wife have the right to reach an agreement on all issues during divorce, including the division of property. If the couple cannot reach an agreement and makes a request, the court must consider and decide on the application of the marital property system in accordance with the agreement or the law, depending on the specific case handled by the court.

a) In the absence of a written agreement on the matrimonial property regime or if the written agreement on the matrimonial property regime is declared completely invalid by the court, the matrimonial property regime shall apply. . A law that divides marital property upon divorce.

b) If there is a written agreement regarding the marital property regime and this document is not declared completely invalid by the court, the contents of the written agreement will apply to the division of marital property in the event of divorce. In cases where there is no agreement between the spouses or the agreement is unclear or invalid, the corresponding provisions of the Marriage and Family Law apply to the division of marital property in the event of divorce.

2. When resolving a divorce, if there is a petition to the effect that the marital property agreement is invalid, the court must consider and resolve the petition at the same time as the petition for marital property division at the time of divorce. .

3. When dividing the joint property of a married couple at the time of divorce, the court must determine whether the spouse has property rights and obligations towards the third party in order to include the third party as a spouse in the proceedings. It won’t. If a married couple has property rights or obligations to a third party and is seeking their liquidation, the court must liquidate them when dividing the marital property. If a couple has obligations to a third party and the third party does not request settlement, the court must direct the couple to settle a separate lawsuit.

4. If the statutory matrimonial property system is applied to the division of marital property upon divorce , the marital property will, in principle, be divided , but the decision will be made taking into account the following factors: Proportion of assets to be divided between husband and wife :

a) “Family and spousal patients” refers to the status of the spouse’s legal capacity, behavioral capacity, health, property, and ability to work and earn an income after divorce, as well as other persons with whom the husband and spouse live together; It means family status. A wife has personal rights and obligations as well as property according to marriage and family law. After a divorce, the party facing more hardship is entitled to receive more assets than the other party, or preferentially receive the type of assets that will ensure maintenance and stability in their lives, but Must match the actual situation. Spouse, family, couple.

b) “The contribution of husband and wife to the creation, maintenance and development of common property” is the contribution of separate property, income, family work and labor of husband and wife within the family. common property. A wife or husband who is home and not working to raise children or care for family members is counted as an employee with the same income as a working husband or wife. The more effort and contribution a party makes, the more information will be shared.

This means that a division of the marital property must be reserved for the wife. If you are active in your specialty, you can continue practicing. Couples engaged in production or business activities can continue to earn income from production or business activities and must pay the difference in property value to the other party. The protection of the legitimate interests of each party in production, business and professional activities must not affect the minimum living conditions of spouses, minor children and adult children who have lost legal capacity. yeah.

d) “Fault of each party for violating the rights and obligations of husband and wife ” is the responsibility of the spouses for violating their personal and property rights and obligations, leading to divorce.

5. The value of the joint property of husband and wife and the separate property of husband and wife shall be determined based on the market value at the time of the settlement of the first instance.

6. When resolving property division upon divorce, the court shall protect the legitimate rights and interests of the wife, minor children, and adult children who have lost or are incompetent to act. must be taken into consideration. .

Therefore, the division of marital property upon divorce is determined as follows:

First , if the couple chooses a property regime agreed before the marriage, the division of property in the event of divorce will be according to the established agreement.

Second , if the couple has not agreed on the property regime in accordance with the agreement, or if the written agreement on the marital property regime is declared invalid by the court, the statutory property regime will apply to the division of property. shall be taken as a thing.

divided into two based on a number of other factors stipulated by law. Furthermore, the marital property is divided in kind, and if it is not possible to divide it in kind, it is divided according to value. If either party receives in-kind a portion of the property that is worth more than its share, it must pay the difference to the other party.

8.Dispute over custody during divorce

The right to custody of children upon divorce is specifically stipulated in Article 81 of the Marriage and Family Act 2014 as follows:

Article 81 _ Care, care, upbringing and education of children after divorce

1. Even after divorce, parents have the right and duty to care for, care for, raise, and educate their minor and adult children who have lost their civil capacity or are unable to work or have property to support themselves. have. The provisions of this Act, the Civil Code and other related laws shall apply.

2. Husband and wife agree on who will directly raise the child and each party’s obligations and rights towards the child after divorce. If no agreement is reached, the court shall decide, based on the child’s best interests in all respects, to assign the child to one party for direct care. If your child is over 7 years old, your child’s wishes must be taken into account.

3. A child under 36 months of age is not entitled to the care, care, upbringing or education of the child directly, or unless the parents have entered into a separate agreement in accordance with the interests of the child. Parents are left in direct care of the child. advantage.

Therefore, parents can come to an agreement on their own regarding custody of children after divorce, but if the parents cannot agree on their own, they can ask the court to resolve the issue. Courts resolve child custody disputes in divorce based on the best interests of the child on all sides. If the child is over 7 years old, the court will take into account the child’s wishes. If the child is under 36 months old, the child will be placed directly with his or her adoptive mother unless the mother is financially able or there is another agreement.

9.Disputes over alimony during divorce

Article 82 , Paragraph 2 and Article 116 of the Marriage and Family Act 2014 , child support payments upon divorce are as follows:

Article 82 _ Duties and rights of parents who do not directly care for their children after divorce

2 Parents who do not directly care for a child have an obligation to support the child.

Article 116. Support level _

1. The level of support shall be agreed between the person obligated to support and the person receiving support or his or her guardian, depending on the income, actual ability and needs of the person obligated to support. Obligation to support, alimony. If we cannot reach an agreement, we will seek a settlement from the court.

2. The level of support may change if there is a valid reason. Changes in support levels shall be agreed upon by the parties. If we cannot reach an agreement, we will seek a settlement from the court.

Therefore, the level of support shall be agreed between the support obligor and the support recipient or his or her guardian, based on the income, the support obligor’s actual abilities, and the support obligor’s essential needs. Masu. Obligation to support, alimony. If we cannot reach an agreement, we will seek a settlement from the court.

Divorce with a foreigner in Vietnam
Divorce with a foreigner in Vietnam

10.Frequently Asked Questions

♦ Divorce procedures for overseas residents.

  • Step 1: Submit a divorce case involving a foreigner to the people’s court of the competent province/city .
  • Step 2: After receiving the litigation petition and valid documents within approximately 7 to 15 days, the court shall review the application and, if completed, the court shall notify the advance payment of the litigation costs .
  • Step 3: Pay the advance payment of the first instance civil litigation costs at the competent civil judgment enforcement agency and return the receipt of the advance payment of litigation costs to the court .
  • Step 4: A court is convened and proceedings are taken according to law .

Note:

– In the case of an absentee divorce, the period is approximately 12 to 24 months (due to the need to carry out judicial delegation procedures).

– Judicial commission fee is 5 million to 7 million VND.

–Documents sent from abroad must be legalized and translated at a consulate.

♦ Unilateral divorce procedures for foreigners.

  • Step 1: Prepare the documents and submit them to the competent people’s court .
  • Step 2: Accept the divorce papers .
  • Step 3: Verify the defendant’s residential address .
  • Step 4: The TA will be convened and carry out the procedure as per the provisions of the law .

♦ Divorce procedures for absentee foreigners.

  • Step 1: Submit the documents to the competent people’s court .
  • Step 2: The court reviews and accepts the divorce petition .
  • Step 3: Litigants pay court costs in advance and submit payment receipts to the court .
  • Step 4: If one party is absent, hold a court hearing to resolve the divorce .

◆ Divorce procedures with a foreigner.

  • Step 1: Prepare your documents .
  • Step 2: File an uncontested divorce with the foreigner .
  • Step 3: TA accepts the file and resolves the divorce request .
  • Step 4: The court will meet to resolve the request to grant an uncontested divorce .
  • Step 5: The TA issues a decision granting divorce by mutual consent .

Sample divorce application form

The Socialist Republic of Vietnam

Independence – Freedom – Happiness

—–***—–

…… _ , Day, month, year …

Application for receipt of divorce contract

Child removal and property division in divorce divorce

Address : People’s Court …………………… .

Applicant’s name :……………………………………………………

Permanent residence: ……………………………………………………………………………………………………………………… …

Current residence: …………………………………………………………………………………………………

Workplace: ………………………………………………………………………………………………………………………..

Phone number: …………………………………………….. ; Fax number: …………………………………………………………………..

Requester’s name: ………………………………………… Date of birth: ………………………………

Permanent residence: …………………………………………………………………………………………………………… ……

Current address: ………………………………………………………………………………………

Workplace: …………………………………………………………………………………………………………… ……………… ..

Phone number: …………………………………………….. ; Fax number: …………………………………………………………………..

Marriage registration date ………… ..Month ………… Year …………

At: ……………………………………………………………………………………………………………………… …………………

After marriage, the couple lived together, but there were conflicts.

Reason: ……………………………………………………………………………………………………………………… ………… …… _

Now, our request is to the People’s Court ……………………………………………………………………………………

Ask the court to recognize our voluntary agreement.

  1. About children in general: We have ……………………. Typical child:

1/ Name :…………………………………………………… Date of birth :……………………………………………………………… ………………

2/ Name :…………………………………………………… Date of birth :……………………………………………………………… ………………

We have reached an agreement with the person who directly supports the child regarding monthly child support as follows.

– ……………………………………………………………………………………… .

– ……………………………………………………………………………………… .

  1. Regarding common property:

– ……………………………………………………………………………………… .

– ……………………………………………………………………………………… .

We have voluntarily agreed to share as follows:

– ……………………………………………………………………………………… .

– ……………………………………………………………………………………… .

  1. Regarding general debt :

– ……………………………………………………………………………………… .

– ……………………………………………………………………………………… .

We voluntarily agree to the following:

– ……………………………………………………………………………………… .

– ……………………………………………………………………………………… .

  1. Regarding legal fees: I agree.

Documents and evidence attached to application form

beginning. ……………………………………………………………………………………………………………..

2.………………………………………………………………………………………………..

  1. ……………………………………………………………………………………..

Ensures that statements in your application are true .

        petitioner

                      people wife husband

( Write your signature and full name )                               (Write your signature and full name)

Unilateral divorce application form for foreigners

The Socialist Republic of Vietnam

Independence – Freedom – Happiness

…… , Day, month , year …

Petition

(Re: Divorce )

Address: People’s Court ………………………………

Sender To Sue: …………………………………………………………………………………………………

Address: ………………………………… Year of birth ……………………………… .

Phone number : ………………( if available ); Fax number : …………………….( if available )

E-mail address: ……………………………………………………… . ( if any )

Defendant: ……………………………………………………………………………………………………………………… …………

Address ……………………………………………………………………………… . year of birth

Phone number : ………………( if available ); Fax number : …………………….( if available )

E-mail address: ……………………………………………………… . ( if any )

Persons with relevant rights and obligations ( if any ): …………………………………………… .

Address ……………………………………………………………………………… . year of birth

Phone number : …………………… ( if available ); Fax number : …………………….( if available )

E-mail address: ……………………………………………………… . ( if any )

We request the court to resolve the following issues:

  1. About love between husband and wife

……………………………………………………………………………………… .

  1. About the property :

–Common property: …………………………………………………………………

–Private property: ………………………………………………………………… .

  1. About a typical child:

……………………………………………………………………………………… .

The list of documents and evidence attached to the litigation petition includes:

  1. ID card (copy )
  2. Household account book (copy )
  3. Birth certificate (copy )

4.Marriage registration

  1. Other related papers

(Other matters that the petitioner deems necessary for resolving the case) ………………………………………………………………………………………… ……………… ……

These are my requests for consideration and resolution in court. Also, I have no more complaints. If I am wrong, I will take full responsibility according to the law.

We hope that the court will consider and resolve the matter within the prescribed deadline.

I appreciate it!

successful people

(signature and full name)

A lawyer from Quoc Bao Law Office advises on divorce procedures with a foreigner.

We would like to introduce Quoc Bao Law Office’s divorce procedure consultation service for foreigners. With extensive experience in the legal field and a deep understanding of Vietnam’s legal regulations, our firm is committed to providing our clients with the highest quality consulting solutions related to divorce proceedings.

Foreign divorcees can face many legal challenges due to complex marriage and family regulations. Therefore, our firm has assembled a team of specialized lawyers with extensive experience and knowledge in this field to accompany our clients during the resolution process of divorce-related proceedings with foreigners.

We are committed to providing you with the clearest understanding of the divorce process, providing detailed and transparent advice on the steps to take, required documents, and estimated timeframes. Your satisfaction and interests are always our top priority, and we are always ready to accompany and assist you in any situation.

We would like to accompany our clients and provide them with the best solutions for carrying out procedures, with the desire to bring peace and alleviate difficulties during difficult times in our clients’ lives.

Begin your journey of discovery regarding investment procedures in Vietnam, where opportunities await and success is not far away !

Do you need advice or support on what you are looking for ? For help setting up a business in Vietnam, investing, applying for temporary residence cards and visas, entry permits and work permits, please contact Vietnam Contact Luật Quốc Bảo .

Please contact hotline /zalo : 0763387788 .

Address : 528 Le Van Sy , District 14 , District 3 , Ho Chi Minh City

Facebook fan page : https://www.facebook.com

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