Divorce With Foreigner And Issues Of Attention

For divorcing between Vietnamese people, the procedure has many issues and will often take long. In the case of divorce with foreigners with regulatory requirements to be different between the two countries, the procedure will have many issues that need to be considered before proceeding.

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For example, the divorce procedure in China is very simple as the procedure duration is about a month. However, the couple must be separated for at least 12 months and it is required to have proofs that both cannot reunite in Australia. In the USA, each State has its own rules about solving this problem separately. This article will help the parties understand the provisions of the law needed to pay attention.

In Vietnam, if there are no factors related to the division of properties, the time limit for adjudication of a unilateral divorce will be from 02 to 04 months. When there are complicated and disputed property elements, the time limit for adjudication will do not exceed 06 months. If you agree to divorce and both of you have a written agreement on the division of assets, it will take up to about 30 days at most. This post shall collapse on the scope of divorce between Vietnamese nationals with foreigner.

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Jurisdictional Courts to settle divorce with a foreigner:

• Pursuant to Article 35.3, Article 37, Article 39 of Code of Civil Law 2015, the jurisdictional Court to settle divorce with foreign elements is the People’s Court of province where is the residence of the defendant; and
• Pursuant to Article 35.4 of the Civil Code 2015, if the divorce takes place with Vietnamese citizen residing in the border areas with citizen of neighbouring countries residing in the border areas, the jurisdiction belongs to the district People’s Court where the citizen of Vietnam resides.

The documentations for divorce with the foreigners including:

• Unilateral divorce application or request form for recognition of mutually consent divorce;
• The original copy of the marriage registration certificate, in case of loss of original copy of marriage certificate, submit a certified copy of the original copy of competent state agency;
• Notarized copy of identity card/passport of wife and husband, household book;
• Copy of birth certificate of common child (if want to divide children);
• Copies of papers and documents on property ownership (if there is a property dispute); and
• Documentations proving that a party is abroad (if any).

Notes: If both parties registering for marriage under foreign law desire to divorce in Vietnam, they must proceed to legalize their Marriage Certificate and follow the procedures to make record in the register at the Department of Justice before submitting the application to the Court.

The steps to perform the divorce:

Step 1: Applying the valid divorce application in a competent Court;

Step 2: The Court shall check the file, if the dossier is complete and valid, the Court will send a notice of Court fee advance within 7-15 days;

Step 3: Paying the Court fee advance at the competent civil judgment enforcement Sub-Department and submitting the Court fee advances receipt to the Court; and

Step 4: The Court opens a mediation session at the Court and conducts the divorce procedure at the Court according to the first instance procedure.