Foreign divorce procedures

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1. Foreign divorce procedures

With a professional divorce lawyer, Hung Bach Law can advise and support you with the following services:

Provide you with a request form from a court of competent jurisdiction;
Lawyers specializing in family law and divorce advise you on how to draft a divorce petition and advise you on divorce procedures;
View divorce records in Vietnam; Collect necessary documents to complete divorce documents;
See uncontested/contested divorce procedures in Vietnam;
A divorce attorney represents you or both spouses to resolve your case with a fast, comprehensive divorce service in the appropriate court. Resolve complex divorce cases regarding property and child custody disputes. 

2. What is a divorce with foreign elements?

Essentially, a foreign divorce means your spouse or assets are located abroad. Some divorce cases in Vietnam involving foreign elements include:

– One person is Vietnamese, one person is foreign. – Both husband and wife are foreigners and currently living in Vietnam.
– Both spouses are Vietnamese but one or both spouses do not live in Vietnam.
– Assets related to divorce are all abroad.
Just like normal divorce procedures, divorce with external factors also has two types: contested divorce and uncontested divorce.
Uncontested divorce is when both spouses reach an agreement to end the marriage and there is no dispute about procedures and child custody. In this case, we can help you conduct divorce proceedings in the absence of one or both spouses before a competent court.
Contested divorce: When husband and wife cannot agree on all issues related to divorce such as broken marriage, financial issues, child custody, etc., you must proceed with a contested divorce procedure. dispute. In most contested divorce proceedings involving external factors, the spouses are often absent from court. As a result, procedures will be longer and more complicated than usual.

3. DIVORCE APPLICATION FORM PEOPLE'S COURT DISTRICT 11, CITY. HO CHI MINH

Divorce requests are filed in Vietnam in cases of divorce involving foreign elements.
The divorce petition is one of the most important documents in the divorce file for the court to resolve your case. Depending on the circumstances between the couple, appropriate divorce procedures must be carried out with the appropriate type of divorce. There are two types of divorce applications corresponding to two types of divorce procedures.

Q&A

Question 1: What are the steps involved in initiating a foreign divorce procedure?

Answer 1: Initiating a foreign divorce procedure typically begins with consulting an attorney experienced in international family law. They can guide you through the process, which may involve filing a divorce petition in the foreign country's court where you or your spouse resides.

Question 2: Are there any residency requirements for pursuing a foreign divorce?

Answer 2: Yes, many countries have residency requirements for filing for divorce. These requirements vary, so it's crucial to check the specific laws of the country in which you intend to file for divorce. Some countries may require a minimum period of residency before you can initiate divorce proceedings.

Question 3: How does the recognition of a foreign divorce decree work in one's home country?

Answer 3: Recognition of a foreign divorce decree in your home country depends on your country's laws and any international treaties or agreements in place. Typically, you'll need to follow a process to authenticate and translate the foreign decree and then submit it to the appropriate authorities in your home country for recognition.

Question 4: What are some common challenges people face when navigating foreign divorce procedures?

Answer 4: Common challenges in foreign divorce procedures include dealing with language barriers, understanding the legal system of the foreign country, and ensuring that the divorce is valid and recognized in both the foreign country and one's home country. Additionally, negotiating child custody and property division across borders can be complex and may require legal assistance.

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