Are you seeking legal guidance on divorce procedures for foreigners in Vietnam? Whether you are a foreign couple or a mixed marriage (one spouse is Vietnamese and the other is foreign), we provide comprehensive and professional legal services tailored to your needs. The following article will provide you with detailed information, knowledge, and conditions, as well as the procedures and steps you need to take to get a divorce in Vietnam.
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Different cases of divorce in Vietnam
In Vietnam, divorce cases typically fall into two categories: unilateral divorce and mutual consent divorce. Let me explain each of them as follow:
- Mutual Consent Divorce in Vietnam: In this type of divorce, both spouses agree to end the marriage and reach an agreement on property division, child custody, and support.
- Unilateral Divorce: This occurs when one spouse wishes to end the marriage without the consent of the other.
The conditions for getting a mutual consent divorce in Vietnam
The conditions for getting a divorce by mutual consent in Vietnam include:
- Agreement Between Both Parties: Both spouses must agree to end the marriage and mutually consent to divorce.
- Agreement on Property Division: The couple must reach an agreement on the division of marital property, assets, and debts.
- Agreement on Child Custody and Support: If the couple has children, they must agree on child custody and child support arrangements, including visitation rights and responsibilities.
- These agreements must be based on ensuring the interests of the wife and children.
The conditions for getting a unilateral divorce in Vietnam
- Legitimate Grounds: The spouse seeking the divorce must provide legitimate grounds for ending the marriage. These grounds can include serious conflicts, domestic violence, adultery, or other reasons that make the continuation of the marriage impossible. the party seeking the divorve must provide necessary documents such as the evidence supporting the grounds for divorce.
- Request from One Party: Only one party needs to request the divorce; the consent of the other party is not required.
The procedures for divorce by mutual consent
The procedures for divorce by mutual consent require 5 steps:
Step 1: Prepare the application for mutual consent divorce
Mutual consent divorce is a civil matter; for the court to process it, both spouses must prepare the following documents:
- Mutual consent divorce application form.
- Original marriage registration certificate.
- The ID cards of both the husband and the wife (certified copy)
- Registration book of both the husband and the wife (certified copy)
- The children’s birth certificates.
- Documents proving ownership of joint assets.
Step 2: File the application for mutual consent divorce at the competent People’s Court
The filing of the application is carried out as follows:
- If both spouses are residing in Vietnam and there is no foreign element: File the application at the district court where the husband or wife resides.
- If either the husband or the wife is abroad, or the divorce involves foreign elements: File the application at the provincial court where the husband or wife resides.
- For divorces between Vietnamese citizens residing in border areas with citizens of neighboring countries who also reside in the border areas with Vietnam: File the application at the district court where the Vietnamese spouse resides and works.
Then, submit the application directly to the court or by post.
Step 3: Paying court fees
If the application is eligible, the judge will notify the couple about the fee payment, and both spouses must complete the process within 5 days.
Within 3 days of acceptance, the parties will receive notification about how to proceed with the mutual consent divorce application.
Step 4: Prepare to review the application
The court will review the application and conduct a public hearing to address the request for mutual consent divorce.
The preparation period for reviewing the application is one month from the date the case is accepted. During this time, the court will conduct mediation.
During this process, the judge will mediate to:
- Reconcile the couple.
- Explain the rights and responsibilities of spouses and parents towards their children.
- Clarify support obligations and other matters related to marriage and family.
Step 5: Issuing a decision to recognize a mutual consent divorce request