Divorce with a Foreigner: What Is It?
By Hoa Nguyen
01/11/2024
This article clearly explains the concept and process of divorcing a foreigner in Vietnam. Learn about the necessary legal factors, rights and obligations of the parties involved, as well as the procedures to ensure that the divorce process is carried out in accordance with the law and fairly. This is an important source of information to help you understand this issue.
Based on Article 14, Clause 3 of the 2014 Law on Marriage and Family, divorce is the termination of a marital relationship by a court decision that is legally effective. According to Article 127 of this Law, divorce with a foreign element refers to divorce between Vietnamese citizens and foreigners, between foreigners residing in Vietnam, and is resolved by the competent authority in Vietnam.
In summary, divorcing a foreigner is the legal termination of a marriage relationship between a Vietnamese citizen and a foreigner, meaning it is recognized by the competent State authority that the marriage relationship has been terminated by court judgment or a legally effective decision.
Thus, divorcing a foreigner falls under the category of divorce with a foreign element, meaning the termination of a marital relationship by court judgment or a legally effective decision, where one spouse is a foreigner.
Mutual consent divorce with a foreigner is when both spouses (one of whom is a foreigner or a Vietnamese person residing abroad) voluntarily agree to divorce when they realize that the marriage goals are no longer achievable and there are no disputes over property, child maintenance, or custody.
Unilateral divorce with a foreigner is understood as divorce at the request of one spouse with the other being a foreigner when there is evidence that the foreign spouse has committed domestic violence or seriously violated the rights and obligations of the marriage, leading to a serious breakdown in the marriage and the goals of the marriage are not achievable.
The procedure for divorcing a foreigner in Vietnam is a legal procedure in which one of the parties is a foreigner; it must be resolved in Vietnam according to the proceedings in the Civil Procedure Code of Vietnam.
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