PROCEDURES FOR DIVORCE WITH FOREIGNERS

PROCEDURES FOR DIVORCE WITH FOREIGNERS

At present, the increasing number of marriages with foreigners leads to the breakups leading to divorce. Divorce procedures involving foreigners have some differences from normal divorce procedures. Through this article, T2H Lawyers sends customers the procedures and notes when performing the above procedure.

Divorce involving foreign elements applies in the following cases:

1. Divorcing between a Vietnamese citizen and a foreigner
2. Divorcing between two foreigners permanently residing in Vietnam

Competent agencies: District-level People’s Courts

The order of execution:

Step 1: Preparing a divorce record

1. The original marriage registration certificate. If the original is not available, you may use a copy which is certified by a foreign competent agency;
2. Certified copies of birth certificates of your children (if any);
3. A certified copy of your passport or visa;
4. A certified copy of identity card or passport of your husband;
5. A divorce application (stating an agreement between two partners on common property and children or request for court settlement);
6. Title documents or documents proving houses, cars, bank account, etc.
7. Papers and documents in foreign languages which must be requested for consular certification and legalization.

Step 2: The court shall accept the application, consider it according to its competence and comply with the law, and issue a notice of payment of court fee advance to the applicant. The applicant shall pay the court cost advance and submit the receipt of the court cost advance to the Court. The court accepts the divorce case and sends a notice accepting the case to the procuracy of the same level and the defendant (related persons). First-instance civil court fee is 200,000 VND (if there is no dispute over property)

Step 3: The Court resolve the case upon the law

• The time for settling a divorce case involving foreign elements is 4-6 months from the date of acceptance in accordance
• Time limit for opening a court hearing: From 1 to 2 months from the date of the decision to bring the case to trial.

Please contact us for detailed advice.

T2H Law Liability limited company

Head office: G4-4A, Dormitory 708, Lien Ninh, Thanh Tri, Hanoi

Branch office: Floor 4, no.2, 115 Chien Thang Street, Van Quan Ward, Ha Dong District, Hanoi.

Phone: 0242 242 9900 – 0989 656 682

Website: https://t2hlawyers.vn

Email: contact.t2h@t2h.vn – huong.le@t2h.vn