Unilateral divorce procedures with foreigners in Vietnam | iGuide

Procedures for unilateral divorce with foreigners in Vietnam 1

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Unilateral divorce procedures with foreigners in Vietnam

This article provides detailed information on the unilateral divorce procedures with foreigners in Vietnam. Learn about the steps, necessary documents, and legal conditions to ensure a smooth and legally compliant divorce process. This is a useful source of information for those who are researching this issue.

1. What is a divorce with foreign elements?

According to Article 127 of the Law on Marriage and Family 2014 regarding divorces with foreign elements:

Divorces between Vietnamese citizens and foreigners, or between foreigners residing in Vietnam, are settled at the competent authorities in Vietnam according to the provisions of the Law on Marriage and Family 2014.
In case a Vietnamese citizen is not residing in Vietnam at the time of the divorce request, the divorce will be settled according to the laws of the country where the couple usually resides; if they do not have a common residence, it will be settled according to Vietnamese law.
The settlement of overseas real estate in divorce cases is governed by the laws of the country where the real estate is located.

Thus, a divorce with foreign elements is considered when the conditions mentioned above are met. Therefore, when both spouses voluntarily sign the divorce petition, have agreements on property, children, and related issues, the divorce process can be initiated.

Procedures for unilateral divorce with foreigners in Vietnam 2

2. How to proceed with a unilateral divorce with a foreigner?

The steps for a unilateral divorce with a foreigner are as follows:

Step 1: Prepare and submit the initiating lawsuit or unilateral divorce petition to the competent People's Court
Step 2:Receive and process the lawsuit: after receiving the request, the Court will review and, depending on each case, return the petition; request modification, supplementation of the file, accepting the lawsuit.
Step 3:Prepare for the trial

In this stage, the Court will conduct hearings to inspect the submission, access, publicize evidence, and mediate

+ If the mediation is successful: the Court will create a mediation record and after 07 days without any changes in opinions, the Court will issue a divorce consent decision, which is immediately effective and not subject to appeal, objecting according to the appellate procedure

+ If the mediation is unsuccessful and the case is not subject to suspension or temporary suspension, the Judge will issue a decision to bring the case to trial.