LEGAL ISSUES CONCERNING UNILATERAL DIVORCE INVOLVING FOREIGN ELEMENTS IN VIETNAM
In divorce cases involving foreign elements, especially in unilateral divorce cases, the resolution process often encounters various legal complications arising from differences in nationality, residence, as well as issues related to assets or children with foreign elements. In this article, TNTP will provide information on the conditions, required documents, and procedures for initiating unilateral divorce proceedings with a foreign spouse.
1. What is unilateral divorce involving foreign elements?
Pursuant to Article 127.1 of the 2014 Law on Marriage and Family, a divorce involving foreign elements refers to a divorce between a Vietnamese citizen and a foreigner, or between two foreigners who reside permanently in Vietnam, and the case is settled by a competent authority in Vietnam.
2. Conditions and procedures for unilateral divorce involving foreign elements
To initiate a unilateral divorce involving foreign elements, one of the conditions for requesting unilateral divorce at the Court is that the petitioner must prove that the purpose of the marriage can no longer be achieved, and the parties are no longer able to maintain their marital relationship. The petitioner needs to provide authentic and convincing evidence regarding the causes leading to the serious breakdown of the marriage. Pursuant to Article 56.1 of the 2014 Law on Marriage and Family, the Court may grant a unilateral divorce if:
– The conciliation between the husband and wife at the Court fails; and
– It has grounds to believe that a spouse commits domestic violence or seriously infringes upon the rights and obligations of the husband or wife, which seriously deteriorates the marriage and makes their common life no longer impossible and the marriage purposes unachievable.
Furthermore, according to the guidance in Section 8 of Resolution 02/2000/NQ-HDTP and Article 4.3 of Resolution 01/2024/NQ-HDTP of the Council of Judges of the Supreme People’s Court, a marital situation is considered seriously deteriorated in the following cases:
– The spouses no longer love, respect, care for, or support each other;
– The spouses insult each other, harm each other’s honor, dignity, reputation;
– A spouse has an adulterous relationship, despite being reminded, continues to violate;
– Inequality of rights and obligations between spouses; failure to respect each other’s freedom of belief and religion; failure to assist.
3. Procedures for resolving a unilateral divorce with foreign elements
Based on the provisions of the law and guidance provided by competent authorities, the procedure for resolving a unilateral divorce involving foreign elements is as follows.
Firstly, the husband or wife prepares a complete set of documents to initiate the unilateral divorce procedure. In cases where one party resides abroad, the following types of documents should be noted:
– Petition for divorce;
– Original or certified copy of the Marriage Certificate;
– Certified copy of the Vietnamese spouse’s Citizen Identity Card (ID Card);
– Certified copy of the foreign spouse’s passport;
– Documents proving the current residence of the foreign spouse;
– Certified copy of the Birth Certificate of the children (if any);
– Documents related to joint property (if a division of property is requested).
Secondly, a unilateral divorce involving foreign elements must be carried out following the procedural steps outlined below:
– Step 1: Filing the petition: The spouse requesting the divorce submits the dossiers to the competent People’s Court. The Court’s jurisdiction is determined based on the defendant’s place of residence or workplace (if identifiable).
– Step 2: The Court’s acceptance and review of the petition: Within three working days from the date the Court receives the dossiers, the Court assigns a Judge to handle the case.
+ If the documents are complete and valid, the Judge will issue a notice of case acceptance.
+ If the court finds the documents incomplete, the Court will issue a request for supplementation within seven (07) days.
– Step 3: Case resolution:
+ When the divorce petition meets the required conditions, the Court will hold a conciliation session between the parties.
+ If conciliation between the parties fails, the Court will proceed to trial and issue a divorce judgment in accordance with civil procedural law.
In cases of unilateral divorce involving foreign elements, a clear understanding of the necessary conditions, documents, and procedures can help ensure the parties’ rights are protected and shorten the Court resolution process. We hope that the above article by TNTP provides readers with a comprehensive and practical overview of the legal issues related to unilateral divorce cases involving foreign elements in Vietnam.
Best regards,
TNTP & Associates International Law Firm
Legal@tntplaw.vn
+84944892906
