Where is the divorce procedure done with a foreigner?

Article overview

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.

Instructions on how to properly carry out divorce procedures with foreigners
Instructions on how to properly carry out divorce procedures with foreigners

What is a marital relationship with foreign elements?

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:

  • One side is a foreigner or Vietnamese residing abroad;
  • Marriage and family relations between parties who are Vietnamese citizens but the basis for establishing, changing or terminating the relationship is under foreign law, arising abroad or the assets related to that relationship are located abroad.
Regulations on marital relationships involving foreign elements
Regulations on marital relationships involving foreign elements

Competent authority to handle divorce with foreigners

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:

  • There are disputes or requests related to litigants or assets abroad;
  • Or require judicial entrustment to Vietnamese representative agencies abroad, or to foreign courts.

Resolving authority is specified as follows:

  • For cases of uncontested divorce: The Provincial People’s Court where the couple resides and works will have jurisdiction to resolve.
  • For cases of unilateral divorce: The People’s Court of the province where the defendant resides and works will have jurisdiction to resolve.

Note:

  • If the divorce case has a foreign element involving a Vietnamese citizen residing in a border area with a citizen of a neighboring country residing there, the district People’s Court will have jurisdiction to resolve it. Specifically, according to Clause 4, Article 35 of the Code of Civil Procedure 2015, this authority applies when there are requests for divorce between Vietnamese citizens and foreign citizens residing in border areas.
  • In addition, some divorce cases involving foreign elements fall under the jurisdiction of the district-level People’s Court, such as requesting a divorce with foreign elements but the litigant and assets are both in Vietnam and do not need to be processed. international legal mandate.
  • In case the party is a Vietnamese citizen who does not permanently reside in Vietnam at the time of requesting a divorce, the divorce will be resolved according to the law of the country where the couple permanently resides; If they do not have a common permanent residence, it will be resolved according to Vietnamese law.

The divorce procedures for foreigners

Unilateral divorce

Step 1: Prepare divorce documents

Documents required for unilateral divorce with a foreigner include:

  1. Divorce petition;
  2. Original marriage registration certificate;
  3. Copy of ID card/citizen identification card/passport of the requesting spouse;
  4. Copy of residence information confirmation and temporary residence card of husband and wife;
  5. Copy of the child’s birth certificate (if there are children together);
  6. Copies of other papers and documents proving property rights (if any);
  7. Copies of papers and documents proving the husband and wife’s joint debt (if any);
  8. Other papers and documents required by the Court (if any).

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.

Consent to divorce

Step 1: Prepare divorce documents

Consent divorce documents involving foreign elements include:

  1. Application for recognition of mutual consent for divorce, child custody, and property division;
  2. Marriage certificate (original);
  3. ID card/CCCD/Passport of both husband and wife (certified copy);
  4. Household registration book, temporary residence card, or temporary residence certificate of both husband and wife (certified copy);
  5. Child’s birth certificate (if any);
  6. Other documents proving common assets (if any);
  7. Request for absence from the requester (if any).

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.

The divorce process for foreigners according to regulations
The divorce process for foreigners according to regulations

Consulting service on divorce procedures for foreigners in Long Phan

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:

  • Consulting on divorce procedures.
  • Providing services to draft all necessary documents for divorce procedures, ensuring compliance with regulations.
  • Instructions on the rights and obligations of both parties in a divorce with a foreigner, including property division and child-rearing obligations.
  • Authorized representative for clients in divorce proceedings at the Court or other competent agencies.
  • Guide and carry out procedures at Court.
  • Support document translation and consular legalization of documents issued by foreign agencies, serving the divorce process.
  • Consulting and support in resolving issues related to property disputes and child custody rights after divorce.

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.