Divorce Involving Foreigners in Vietnam

I. Understanding Divorce with Foreign Elements

Divorce involving foreign elements refers to cases where at least one spouse is a foreigner or an overseas Vietnamese or where the marriage was established, changed, or terminated under foreign laws. This can include:

- Divorces between a Vietnamese citizen and a foreigner.

- Divorces between foreigners residing in Vietnam.

- Divorces between Vietnamese citizens where the marriage was governed by foreign laws or involved foreign property.

II. Legal Framework

The primary legal documents governing divorce in Vietnam are the Law on Marriage and Family 2014 and the Civil Procedure Code 2015. These laws outline the jurisdiction, applicable law, and procedures for handling divorces involving foreign elements.

III. Jurisdiction

According to the Civil Procedure Code 2015, the jurisdiction to settle divorces involving foreign elements typically belongs to the provincial-level People's Courts. The district-level People's Courts may have jurisdiction in specific situations, such as divorces involving Vietnamese citizens and citizens of neighboring countries living in border areas.

IV. Applicable Law

The applicable law for divorce cases involving foreign elements is generally Vietnamese law. However, if a Vietnamese citizen does not permanently reside in Vietnam at the time of the divorce request, the law of the country where the spouses last resided together may apply. The division of property located abroad will be governed by the law of the country where the property is situated.

V. Grounds for Divorce

Vietnam recognizes two primary grounds for divorce:

- Mutual Consent Divorce

This is the simplest form of divorce. In this form, both spouses agree to end the marriage and can negotiate terms for property division, child custody, and spousal support. The procedure is usually simpler and requires less time.

- Unilateral Divorce

If spouses cannot reach a mutual agreement, one spouse can initiate a unilateral divorce. Grounds for unilateral divorce include:

+ Adultery

+ Domestic violence

+ Desertion

+ Imprisonment

+ Incurable disease

+ Irreconcilable differences

VI. Required Documents

To file for divorce, the following documents are typically required:

- Marriage certificate

- Identification documents (passports, ID cards)

- Proof of residence

- Documents related to property and children (if applicable)

- Divorce petition

VII. Divorce Proceedings

The divorce process involves several steps:

1. Filing the Petition

The divorce process begins with filing a petition at the competent court. The petition should provide details about the marriage, reasons for divorce, and any arrangements concerning property division and child custody.

2. Mediation

Vietnamese law encourages mediation to resolve disputes amicably. Spouses can use mediation to come to a consensus on complex matters, which may prevent a protracted court proceeding.

3. Court Hearings

If mediation fails, the court will schedule hearings to examine the evidence and arguments from both parties. Then, the court will render a judgment or decision based on the case's merits.

4. Post-Divorce Matters

After the court issues a divorce decree, several post-divorce matters may need to be addressed:

5. Property Division

During a marriage, property obtained is generally split evenly. However, the court could consider aspects like each spouse's contributions and the requirements of any children.

6. Child Custody and Support

The court will determine child custody based on the best interests of the child. Factors considered include the child's age, health, and emotional ties to each parent. The amount of child support is determined by considering the child's requirements and the non-custodial parent's financial capability.

7. Spousal Support

Spousal support may be awarded to a spouse who is financially disadvantaged as a result of the divorce. The level and length of assistance are determined by variables such as the duration of the marriage and the financial circumstances of each partner.

VIII. Challenges and Considerations

Divorcing a foreigner in Vietnam presents unique challenges:

1. Language Barriers

Language differences can complicate communication and understanding of legal documents. It is recommended that you seek the help of a lawyer who speaks two languages.

2. Cultural Differences

Cultural differences may affect negotiations and the court's perception of certain issues. Respecting and understanding these variations can help make the process more seamless.

3. Enforcement of Foreign Judgments

Enforcing a Vietnamese divorce judgment abroad can be challenging. The recognition and enforcement of the judgment in the foreign country may necessitate further legal proceedings.

IX. Conclusion

Divorce involving foreigners in Vietnam is a complex process that requires careful navigation of legal, cultural, and practical challenges. Understanding the legal framework, grounds for divorce, required documents and post-divorce matters can help individuals effectively prepare for and manage the process. Seeking the assistance of experienced legal professionals can also provide valuable guidance and support throughout the divorce proceedings.

By following these guidelines and being aware of the unique aspects of international divorces, individuals can better navigate the complexities of divorcing a foreigner in Vietnam.

 

This information contained herein is of a general nature and is intended to provide updates on the Laws for information purposes only. DB Legal shall not be liable for any use or application of the information for any business purpose.

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