Divorce Dispute Lawyer in Vietnam Help Advice Procedures

    

How divorce dispute lawyer in Vietnam could help?

The procedure for divorce in Vietnam involving foreign elements is one of the complicated procedures. Therefore, when implementing this procedures, the parties need to pay attention to the related legal provisions to avoid problems when conducting the divorce procedure in Vietnam or involve divorce lawyer in Vietnam for assistance in preparing documents and filing petition, especially if there are potential dispute in custody or common assets, properties division.

Divorce involving foreign elements means termination of the husband and wife relation under a court’s legally effective judgment or decision, in which at least one partner is a foreigner or an overseas Vietnamese or in which partners are Vietnamese citizens but the bases for terminating that relation are governed by a foreign law, or that relation arises abroad or the property related to that relation is located abroad, according to the interpretation on “divorce” and “Marriage and family relation involving foreign elements” of Law on Marriage and family 2014.

Legal grounds for Vietnam jurisdiction?

Many foreign people struggle to find where they could file the divorce. Each husband and wife could come from different countries. They live in different country and get married there. They now move to another country and find that they can no longer be together. Especially after Covid 19, many people change and many encounters the question under which jurisdiction they could divorce. Can they divorce in Vietnam or not? That is why they need divorce lawyer in Vietnam to help.

The parties when implementing this procedure need to ensure that s/he has the right to request a divorce as prescribed in Article 51 of the Law on Marriage and family 2014. Specifically, the subject of the divorce procedure must be the wife or the husband, or the legal guardian of s/he in the case s/he lost the civil act capacity. The husband has no right to request a divorce when his wife is pregnant, gives birth or is nursing an under-12-month child.

The divorce between a Vietnamese citizen and a foreigner or between two foreigners permanently residing in Vietnam shall be settled at a competent Vietnamese agency. In case a partner being a Vietnamese citizen does not permanently reside in Vietnam at the time of request for divorce, the divorce shall be settled in accordance with the law of the country where the husband and wife permanently co-reside; if they do not have a place of permanent co-residence, the Vietnamese law shall apply.

The Court in Vietnam has the jurisdiction to settle the divorce request. More specifically, the People’s Court of province have the jurisdiction to settle the case in which involve parties or properties in foreign countries or which must be judicially entrusted to representative agencies of the Socialist Republic of Vietnam overseas or to foreign courts.

How long it takes to divorce in Vietnam?

The Court will settle the case according to the procedure on code of civil in Vietnam. The time to settle the case will be based on the details of the case. The time limit for trial preparation is from 04 to 06 months from the date the Court accepts the case. The time to set up the court is from 01 to 02 months from the date on which the decision to bring the case to trial is issued. The marriage relationship will terminate from the date the Court has the valid divorce decision.

What papers are needed to divorce in Vietnam?

Besides, the dossier on divorce involving foreign elements including the documents related to marriage relationship, the identification and the documents related to the property, children according to the regulations on Law on Marriage and family 2014 and Code of Civil procedure 2015.

In detail, the dossier includes the petition for divorce, the copy of Identification or other personal documents (Passport, Identification card); the copy of Household book, the original of Marriage certificate, in case the parties lost the original of Marriage certificate, the parties could provide the copy of Marriage certificate with the confirmation of competent authority and need to show this information in the petition for divorce, the copy of the birth certificate of the child/children (if having the common child/children); the copies of the documents on the ownership of the property (if increasing the dispute).

In addition, when submitting the dossier on requiring to settle the divorce case: (i) if the parties got married in Vietnam, then the spouse exits abroad (and s/he could not find the address of the spouse), s/he needs to have the confirmation of the competent authority that the spouse existed; (ii) if the parties got married under foreign law wish to divorce in Vietnam, they need to implement the procedure on legalization the Marriage certificate, other related documents, and note in the register book of Department of Justice, then submit the divorce petition.

In the case the parties did not implement the procedure on note in the register book but they still wish to divorce in Vietnam, they need to show the reason why they did not make the marriage note.

The person whom submit the divorce petition will submit the dossier to the People’s Court of Province where one of the parties are residing in Vietnam. The Court will check the dossier, if valid, the Court will issue the notification on paying the court fee. After the court fee is paid, the Court will accept the divorce case and issue the notification on acceptance the case to Procuracy, and defendant (the involved parties). Many Courts in Vietnam require the parties to implement the reconciliation step.

The importance of having a divorce dispute lawyer in Vietnam?

The divorce dispute lawyer in Vietnam could help explain the legal grounds for divorce, advise on procedures, assets division or assets dispute, child supports, child custody agreements, and help prepare legal papers for submission.

It is always suggested to involve family dispute lawyer in Vietnam if the case of divorce would turns out to be complicated when there are disputes on custody and assets or property division.

Readmore:https://antlawyers.vn/library/divorce-dispute-lawyer-in-vietnam-help-advice-procedures.html

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What Conditions to File Divorce Petition?

    

Divorce means termination of the husband and wife relation under a court’s legally effective judgment or decision. Divorce lawyers in Vietnam will help advise if there are legal grounds to file for divorce in Vietnam or not.

What is the condition of divorce?

Firstly, we need to know about subjects being entitled to request divorce settlement.

That is husband or wife or both having the right to request divorce settlement from a Court; a parent or other relatives has the right to request divorce settlement from a Court when the spouse is unable to perceive and control his/her acts due to a mental disease or another disease and is concurrently a victim of domestic violence caused by his/her spouse which seriously harms his/her life, health or spirit. In addition, a husband has no right to request a divorce when his wife is pregnant, gives birth or is nursing an under-12-month child.

The divorce is divided into two cases, those are divorce by mutual consent and divorce at one party’s request.

Conditions of divorce by mutual consent:

If both wife and husband request a divorce and both parties are really willing to divorce and have agreed upon the property division, looking after, raising, care for and education of their children on the basis of ensuring the legitimate interests of the wife and children, the court shall settle the divorce a court shall recognize the divorce by mutual consent; if the spouses fail to reach agreement or have reached an agreement which fails to ensure the legitimate interests of the wife and children, the court shall settle the divorce.

Divorce at one party’ s request:

If a spouse requests a divorce and the conciliation at a court fails, the court shall permit the divorce if there are grounds to believe that a spouse commits domestic violence or seriously infringes of the rights and obligations of the husband or wife seriously deteriorates the marriage and makes their common life no longer impossible and the marriage purposes unachievable.

When the spouse of a person who is declared missing by a court requests a divorce, the court shall permit the divorce. For a parent or other relatives’ request for a divorce mentioned above, a court shall permit the divorce if there are grounds to believe that the domestic violence committed by one spouse seriously harms the life, health or spirit of the other.

Domestic violence acts is one of the important factors mentioned in unilateral divorce. Domestic violence acts and “serious condition, common life no longer impossible and the marriage purposes unachievable” are defined in Vietnam laws.

For divorce involving foreigner or oversea Vietnamese, an important condition is permanent residence.

First of all, marriage and family relation involving foreign elements means the marriage and family relation in which at least one partner is a foreigner or an overseas Vietnamese or in which partners are Vietnamese citizens but the bases for establishing, changing or terminating that relation are governed by a foreign law, or that relation arises abroad or the property related to that relation is located abroad.

Two foreigners shall be settled a divorce in Vietnamese court if both of them reside permanently in Vietnam. However this is very rare.

In case a partner being a Vietnamese citizen does not permanently reside in Vietnam at the time of request for divorce, the divorce shall be settled in accordance with the law of the country where the husband and wife permanently co-reside; if they do not have a place of permanent co-residence, the Vietnamese law could be applied. It is suggested to consult with divorce lawyers in Vietnam in the court proceeding to best protect the rights and interest especially involving property division and child custody.

How divorce lawyers in Vietnam could help?

In conclusion, divorce lawyers in Vietnam could help advise on the conditions to meet when filing for divorce in Vietnam. There are situations under Vietnam laws that it is not possible to file for divorce in Vietnam. For instance, two foreigners living in Vietnam might not be able to file for divorce in Vietnam because they do not permanently reside in Vietnam. There are situations that the wife is is pregnant, gives birth or is nursing an under-12-month child. Sometimes, it is not possible to locate the husband or wife because they go missing or disconnect or hide, hence it could be troublesome for the court to serve the divorce petition request. In such cases, the divorce lawyers in Vietnam could help advise and suggest solutions.

Readmore:https://antlawyers.vn/library/what-conditions-to-file-divorce-petition.html

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