Luật sư tư vấn, hỗ trợ thủ tục ly hôn tại TP. Hồ Chí Minh - 0976.985.828
You are in need to divorce with your Vietnamese spouse? You want to divorce quickly but do not have enough time to conduct the procedures, come to the Competent Court and don’t know how to divorce in Vietnam? The following writing may help you to comprehend about “Divorce in Vietnam (Procedures with foreign elements)”. If you have any questions about divorce in Vietnam, please contact us via hotline: 0976.985.828 or email: luathungbach.hcm@gmail.com to be consulted and assisted to conduct divorce procedures quickly with reasonable price.
MỤC LỤC
Luat Hung Bach Law Firm is one of leading Divorce Lawyer Service in Vietnam. With professional lawyers in divorce field, Luat Hung Bach can consult and assist you with the following performances:
To be provided divorce service in Vietnam, please contact our lawyers via hotline: 0976.985.828 (Zalo) or email: luathungbach.hcm@gmail.com or Page: http://fb.com/lhb.hcm/
Essentially, divorce with foreign elements is the case that your spouse or your property is in the abroad. We can name some cases belong to divorce in Vietnam with foreign elements such as:
– One is Vietnamese and one is a foreigner.
– Both of the spouses are foreigners and now are living in Vietnam.
– Both of the spouses are Vietnameses but one or both are not living in Vietnam.
– The properties related to the divorce are in the foreign.
The same as normal divorce procedures, divorce with foreign elements has two types including contested divorce and uncontested divorce.
Uncontested divorce is the case that both spouses have arrived at an agreement to terminate marriage and don’t have any conflicts about the process and child custody. In this situation, we can assist you to conduct the divorce procedure in which one or both spouses are absent at the competent court.
Contested divorce: When spouses cannot meet agreement about all issues when divorce such as terminate marriage, financial issues, custody, …., you have to carry out contested divorce procedures. Most contested divorce procedures with foreign elements, spouses are usually absent at the Court. Therefore, the procedures would be more time consuming and complex than usual.
Divorce petition is one of the most important documents in divorce dossiers to acquire the Court to settle your case. According to the situation between spouses, you have to conduct a suitable kind of divorce process with an appropriate type of divorce form. There are two types of divorce petitions appropriate with two types of divorce procedures.
Uncontested divorce is one kind of civil cases, therefore the divorce form is written according to the 01-VDS form that was released by the Council of Judges of the Supreme People’s Court. Each People’s Courts may release its divorce form based on the 01-VDS form.
To be provided divorce forms, consulted and assisted in writing a divorce petition, please contact our lawyers via hotline: 0976.985.828.
Similar to Uncontested divorce, contested divorce is one kind of civil case and has a divorce form called 23-DS issued by the Council of Judges of the Supreme People’s Court. Based on this form, each Courts modify to have suitable forms.
Information needs to be filled in the form including: Personal information of the petitioner, spouse and relaters; Marriage status; Children custody; Common Properties and debt;
In the case that one or both of the spouses cannot arrive at the court at the time that has been scheduled by the law, the spouses need to submit an application for trial in absentia with the divorce portfolio. To carry out the divorce procedures, spouses can authorize another person or Luat Hung Bach family lawyers/ divorce attorneys to represent them in the competent court.
Divorce with foreign elements is much more complicated compared with divorce without foreign elements. Therefore, the jurisdiction to settle divorce in this case also has many differences. There are two courts have the competence to solve divorce with foreign elements in Vietnam.
People’s Courts of District: According to the provisions of Article 35 of the 2015 Civil Code, the People’s Court of districts where Vietnamese citizens reside shall settle divorces, disputes over rights and obligations between spouses that one is Vietnamese citizen residing in the border area and one is citizen of a neighboring country residing in the border area with Vietnam.
People’s Court of the Province: Except for the above cases, the People’s Court of the Province where Vietnamese citizen resides in the latest time has the competence to solve divorces involving foreign elements.
If the spouses do not reside or work in Vietnam, the People’s Court of the province where the defendant last resides or the People’s Court of the province where the divorce petitioner resides is the court having authority to decide. In the case of an uncontested divorce, the People’s Court of the province where the spouses reside in Vietnam is the court with jurisdiction over the divorce.
Divorce files in case of divorce involving foreign elements include as follows:
– Divorce petition (filling in the form which is suitable with your case).
– Passport / ID cards of husband and wife (certified copy);
– Household registration book / Temporary residence book / Temporary residence cards of the spouses (certified copy);
– Original marriage certificate. In case of marriage registration in a foreign country, you need to complete the marriage notification procedures in the Department of Justice in Vietnam according to the regulations
– Birth certificates of common children (certified copy).
– Papers on common properties, common debts (copy) in case of requesting the court to divide property.
In case the defendant is abroad, it is necessary to supplement the certification of the local Vietnamese government that the defendant has left the country or documents proving the defendant’s address abroad.
– The other relevant papers.
There are two ways to submit divorce dossiers to the Court including submit directly or via post office.
Advantages and disadvantages of apply directly:
– Receiving the result right away after the Court’s clerk checks the validity of the dossiers.
– You may not have time enough to go to the competent court.
– Both spouses must arrive and submit the dossiers to the Court in order to be accepted in case of uncontested divorce but one is abroad. Because of that, the procedures may be prolonged.
Advantages and disadvantages of applying via post office.
– You do not need to commute to the competent court to submit the dossiers, therefore you can save your time and money for transportation.
– You have to wait to receive the result longer than when submitting directly.
– The dossiers may be lost or not delivered due to shipping service.
For Example: Ms. Nguyen Thi A wants to get a uncontested divorce with her husband who is a French citizen. He is living and has a temporary residence card in Go Vap District, Ho Chi Minh city, Vietnam. Thus, the People’s Court of Ho Chi Minh City is the competent court to handle this divorce case. After preparing the divorce file including the documents that Luat Hung Bach Law Firm instructed, she can submit the file to the People’s Court of Ho Chi Minh city. The application can be made in person or sent by post.
In case you do not have time to file for divorce, our family lawyers or divorce attorneys can represent you to file to court and perform others related work.
After receiving the dossier and checking the validity of the divorce file, the competent Court shall receive the dossiers and schedule a working date. According to the appointment schedule, you are obliged to go to the Court to make the payment of the divorce fee or advance the court fee. In case you are abroad and cannot pay the court fees yourself, you can authorize a relative or divorce lawyers to complete the proceedings. When the case is accepted for settlement and the divorce petitioner has filed an application for trial in his/her absence, the Court will proceed with the implementation of the case in accordance with the law.
For the contested divorce, it will take from 04 to 06 months totally starting from the day Competent court notices about the acceptance of your case. If your divorce dossier is unvalid, it will be more time consuming for sure.
In the case you conduct uncontested divorce, the time of proceedings is shortened from 02 to 04 months.
Understanding your difficulties when carrying out divorce proceedings with foreign elements, Luat Hung Bach’s family lawyers and divorce lawyers are ready to consult and assist you with the following performances:
Luat Hung Bach Law Firm provides fast divorce service, customers do not need to go to court many times with the most reasonable service cost. If you need to be consulted, assisted to solve legal issues, please contact us via:
Above is the consulting content of Luat Hung Bach Law Firm related to the topic of Divorce procedures with foreign elements in Vietnam. If you still have problems related to the above content or have a need to use the fast and all – inclusive divorce service, you can directly contact the phone number 0976.985.828 or send a letter to the email address luathungbach.hcm@gmail.com. to be consulted and assisted.
Đơn kêu oan thường được sử dụng trong các vụ án hình sự. Trường hợp…
Trình tự thủ tục và mẫu đơn tố giác tội phạm vốn được nhiều người…
Quy trình tố tụng hình sự thường diễn ra phức tạp và thời gian kéo…
Luật sư hình sự đóng vai trò ngày càng quan trọng trong việc đảm bảo…
Khi mua căn hộ chung cư, an toàn pháp lý là vấn đề phải quan…
LUẬT HÙNG BÁCH TUYỂN DỤNG THỰC TẬP SINH, CHUYÊN VIÊN PHÁP LÝ. Luật Hùng Bách…
View Comments