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The divorce procedure for a foreigner is a process that needs to be carried out professionally and in compliance with the law. This procedure includes many steps from determining jurisdiction, to preparing documents to carry out procedures at the competent Court. Please follow Long Phan’s article to understand the regulations on divorce with foreign elements, as well as the necessary procedural steps.
According to the provisions of Clause 25, Article 3 of the Law on Marriage and Family 2014, marital relationships with foreign elements are determined in the following cases:
According to the provisions of Articles 469 and 470 of the Code of Civil Procedure 2015, the Provincial People’s Court has the authority to resolve divorce cases involving foreign elements. This applies to the following cases:
Resolving authority is specified as follows:
Note:
Step 1: Prepare divorce documents
Documents required for unilateral divorce with a foreigner include:
Note: Documents issued by foreign agencies need to be consularly legalized, except in cases of exemption from legalization according to international treaties to which the Socialist Republic of Vietnam is a member or according to the principle of reciprocity.
Step 2: Submit the divorce documents to a competent court
After preparing all documents, the person requesting divorce can submit the documents directly to the Court, send them by post, or authorize a lawyer or relative to submit the documents (with a notarized/certified authorization document attached as prescribed).
Step 3: Pay the divorce court fee advance
The person requesting a divorce must pay the court fee advance according to the Court’s notice. The deadline for paying court fee advances is 7 days from receipt of notice. The level of advance payment of court fees is specified in Resolution No. 326/2016/UBTVQH14 dated December 30, 2016.
Step 4. The court accepts the case
After receiving the court fee advance receipt, the Court will accept the case and conduct further procedures such as assigning a judge, verifying evidence documents, and holding a mediation session.
Step 1: Prepare divorce documents
Consent divorce documents involving foreign elements include:
Note: Documents issued by foreign agencies need to be consularly legalized, except in cases of exemption from legalization according to international treaties to which the Socialist Republic of Vietnam is a member or according to the principle of reciprocity.
Step 2: Submit documents at Court
The person requesting divorce can submit the documents at the Provincial Court where he/she has household registration in Vietnam or by post, or authorize another person to submit the documents.
Step 3: The court accepts and reviews the file
After receiving the dossier, the Court will review the authority and validity of the dossier within 8 working days. If the file is valid, the Court will require payment of court fee advances within the next 5 days.
Step 4: The court holds a conciliation session
The court will organize a mediation session according to regulations. If the parties are not present, the mediation session will not be held.
Step 5: Decide to recognize an uncontested divorce
After mediation, if both parties agree, the Court will issue a decision recognizing the divorce, effective immediately upon issuance and cannot be appealed.
When divorcing with foreign elements, receiving professional advice is very important, especially in matters of common property, child custody and procedures for recognizing court judgments. With the support of Long Phan’s experienced team, you will be guaranteed to resolve the procedures quickly, effectively and legally, helping to protect your legal rights throughout the divorce process with foreign elements.
Our services include:
If you need advice, implementation or have problems with divorce procedures with foreigners, please contact Long Phan immediately via the hotline 0906735386. We will listen to your thoughts and wishes, accompany you to solve all problems comprehensively and help you resolve divorce procedures quickly, and effectively.
Note: The content of the articles published on the website of Long Phan Investment Consulting Company is for reference only regarding the application of legal policies. Depending on the time, subject, and amendments, supplements, and replacements of legal policies and legal documents, the consulting content may no longer be appropriate for the situation you are facing or need legal advice on. In case you need specific and in-depth advice according to each case or incident, please contact us through the methods below. With our enthusiasm and dedication, we believe that Long Phan will be a reliable solution provider for our clients.
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