Divorce procedure between a Vietnamese and a foreigner

1. Divorce procedure between a Vietnamese and a foreigner 

The court has the authority to recognize an uncontested divorce if the couple can agree on all relevant issues their divorce matter. This is the division of common property and obligations towards common children and common children protection, etc. There are some notes as follows:

Jurisdiction of the court
The court's jurisdiction depends on the residential status of the spouses and the location of common property.
inside or outside Vietnam. Accordingly, the provincial court or district court may have jurisdiction. b. Documents asked
Normally, both husband and wife must have a written request. It indicates:

(i) the date of the request;

(ii) name of
competent court;

(iii) information from both parties;

(iv) details of the request, including objectives, rationale and
basis of support for their claim. Husband and wife must sign together. Next, they must add relevant documents to prove the divorce and property agreement.
share and take care of children. vs. Judicial Process
The time limit for resolving an uncontested divorce is from 01 to 03 months from the date the court accepts the file
Point 1.b above. During this time, the investigating judge will organize mediation to reunite the couple. If reconciliation is successful and the couple agrees to live together again, the trial judge will make a decision
decided to terminate the divorce petition.

The judge pointed to the decision recognizing consent

iii. Their agreement must ensure the legitimate rights of women and children. The decision recognizing an uncontested divorce takes effect immediately and cannot be appealed. It should be noted that courts often require foreign spouses to have a Vietnamese interpreter present.
notify the court.

d. Advantages and disadvantages
As we said, an uncontested divorce is the best divorce option for a couple. This saves time and costs/expenses two parts. Then, with good emotional control, both parties can maintain their relationship and/or take care of their children together. However, the competent court will only recognize the divorce if the spouses have reached an agreement on all of the above areas.
challenges in their marriage.

2. Unilateral divorce

Unilateral divorce has some notes as follows:

a. urisdiction of the court
The court's jurisdiction is the same as that of an uncontested divorce. However, the spouse should
file a lawsuit with the court where the other spouse resides. In some cases, applicable laws in Vietnam
allows the applicant to choose the court for resolution.

b. Documents asked
Husband and wife must prepare a unilateral divorce document that includes the content according to the provisions of law. (She
You must submit all documents and evidence to prove your right to divorce and request for divorce.
court review. It should be noted that all documents in foreign languages ​​must be legalized/translated into Vietnamese. vs. Judicial Process
After reviewing the filed lawsuit documents, the court sends a notice to the plaintiff about his or her issues. accept divorce documents. In reality, it can take about 9 to 12 months for a court to resolve a case.
Unilateral divorce. Before opening a trial to resolve a divorce case, the court may hold a meeting to disclose evidence
and reconciliation. In case conciliation between spouses fails, the court will decide on the following issues:

According to our experience, unilateral divorce procedures between foreigners and Vietnamese people are very complicated. 
The reason is the participation of one or more children under 3 years old and both parties need to directly ask for permission
jail. In other cases, the law does not allow foreign spouses to own real estate (i.e. lots of land) and of Vietnam has ownership rights. Like other types of disputes, the parties have the right to appeal the first instance judgment/decision of the Court, court within 15 days from the date of notice.

Thereafter, when the final judgment/decision becomes effective, one party has the right to request enforcement if it does not receive support from the other party.

3. Hire a lawyer to handle divorce procedures between foreigners and foreigners Vietnamese

In case the couple reaches an agreement to divorce, everything seems much simpler. However, if they have to carry it
In the event of going to court, it is very important to seek help from a family lawyer or divorce lawyer. Someone with experience
A lawyer can help you:
I. Listen to customers' facts/requests, review documents/evidence;
ii. Advise customers on their current situation;
iii. Prepare documents for petitions, agreements, explanations, calling letters, etc. must be submitted to the competent authority
court;
iv. Assist in negotiations with the other party and their attorneys, if any; And
v. Work with the relevant court and advance your case step by step. Before starting a case with a lawyer, you must meet with them to clearly present your facts and demands. THEREFORE, Ask questions to clarify how the attorney will help your case, including the scope of his or her work, fees (and disbursements), and timelines. Good communication with your attorney during the divorce process is key to success
donate. In short, divorce by consent is the best way a husband and wife can consider ending their relationship.
Marriage relationship. However, no matter which method is applied in case of divorce, husband and wife must comply with all legal requirements.
formal court recognition procedure. Additionally, seek assistance from an experienced family law attorney
in case of divorce, it is worth it.

Q&A

Question 1: What is the procedure for a divorce between a Vietnamese citizen and a foreigner?

Answer 1: The divorce procedure between a Vietnamese citizen and a foreigner typically involves similar steps to those of a divorce between two Vietnamese citizens. It generally includes filing divorce papers, serving notice to the other party, and attending court hearings to resolve issues like property division, child custody, and support. However, there may be additional complexities related to immigration and international law.

Question 2: Are there any specific requirements or considerations for divorces involving a Vietnamese citizen and a foreigner?

Answer 2: Yes, there can be specific requirements and considerations. It's important to consult with legal experts or authorities in the jurisdiction where you plan to file for divorce. Some considerations may include immigration status, residency requirements, and any international treaties or agreements that govern divorce proceedings between citizens of different countries.

Question 3: How does child custody work in a divorce between a Vietnamese citizen and a foreigner?

Answer 3: Child custody matters can be complex in international divorce cases. Courts will typically prioritize the best interests of the child. It's essential for both parents to cooperate and possibly reach a mutual agreement on custody and visitation arrangements. If an agreement cannot be reached, the court will make a determination based on various factors, including the child's relationship with each parent and their overall well-being.

Question 4: What role do language barriers or cultural differences play in a divorce between a Vietnamese citizen and a foreigner?

Answer 4: Language barriers and cultural differences can present challenges in any divorce, but they may be more pronounced in international divorces. It's advisable to work with attorneys who can bridge these gaps and ensure clear communication between both parties. Additionally, cultural sensitivity and understanding can help facilitate smoother negotiations and agreements during the divorce process.