Unilateral Divorce Among Foreigners: Legal Considerations and Procedures

1. Unilateral Divorce Among Foreigners: Legal Considerations and Procedures

Under Clause 14, Article 13 of the Law on Marriage and Family 2014 explains the term divorce as follows:

“Divorce is the termination of a conjugal relationship according to a legally enforceable judgment or decision of the Court.”

At the same time, under Clause 25, Article 3 of the Law on Marriage and Family 2014, the explanation of marriage relations with foreign elements is as follows:

“Marriage and family relations with foreign elements are marriage and family relations in which at least one party is a foreigner or overseas Vietnamese; marriage and family relations between the parties are Vietnamese citizens but the grounds for establishing, changing or terminating such relations according to foreign laws, arising abroad or assets related to such relations abroad.”

Thus, it can be understood that unilateral divorce with foreign elements is the fact that one spouse has a request for divorce in which at least one party is a foreigner or a Vietnamese residing abroad. Marriage and family relations between the parties are Vietnamese citizens but grounds for establishing, changing, or terminating such relations according to foreign laws, arising abroad, or assets related to such relations abroad.

2. Competence to settle. Under Clause 2, Article 123 of the Law on Marriage and Family 2014, there are the following provisions:

“The competence to settle marriage and family cases involving foreign elements at the Court shall exercise by the Code of Civil Procedure provisions.”

Accordingly, the Code of Civil Procedure will govern the competence to settle marriage cases, including consent to divorce with foreign elements.
Clause 1, Article 37 of the Civil Procedure Code 2015 stipulates as follows:

“Provincial-level People’s Courts shall have jurisdiction to settle according to the procedures of the first instance the following cases:

a) Civil, marriage and family, business, commercial and labor disputes specified in Articles 26, 28, 30, and 32 of this Code, except for disputes falling within the jurisdiction of district-level People’s Courts specified in Clauses 1 and 4, Article 35 of this Code;

b) Civil, marriage and family, business, commercial and labor requirements specified in Articles 27, 29, 31, and 33 of this Code, except for requests falling under the jurisdiction of district-level People’s Courts specified in Clauses 2 and 4, Article 35 of this Code;

c/ Disputes and requests specified in Clause 3, Article 35 of this Code.”

Therefore, according to regulations, unilateral divorce cases with foreign elements will be handled by competent provincial-level people’s court agencies.

3. Unilateral divorce proceedings involving foreign elements. Under Clause 1, Article 53 of the Law on Marriage and Family 2014 stipulates as follows:

“The court accepts the petition for divorce by the law on civil procedure.”

Thus, unilateral divorce proceedings involving foreign elements in Vietnam that are required to be settled in Vietnam will be applied according to the procedures in the current Civil Procedure Code of Vietnam.
Divorce procedures for foreigners in Vietnam are settled in the following order:

Step 1: File a lawsuit for divorce at the competent province/city;

Step 2: After receiving the petition with a valid dossier, the Court shall notify the payment of advance court fees;

Step 3: Pay the advance court fee at the competent civil judgment enforcement agency and return the receipt of the advance court fee to the Court;

Step 4: The court will convene and conduct procedures by the law. IV. It's time to resolve unilateral divorce procedures involving foreign elements
The provisions of the 2014 Marriage and Family Law and the 2015 Civil Procedure Code do not have any regulations on the time to resolve divorce cases with exceptional elements.
Based on the court proceedings as well as HT's handling experience in the field of marriage and family, the time to resolve divorce cases with foreigners will generally be as follows:

The period of unilateral divorce involved foreign elements.
– The first instance level ranges from 04 to 06 months (if the defendant is absent, if there is a real estate dispute or other issues, it may take longer).
– The appeal level is from 3 to 4 months (if there is an appeal). – In case of divorce in absentia, the time ranges from 12 to 24 months (due to judicial mandate procedures).

4. Why should professionals use ACC Law Firm's divorce Service?

• Legal Expertise: ACC Law Firm specializes in family and divorce law, ensuring that professionals receive expert legal guidance and support throughout the divorce process.

• Customized Solutions: Each divorce case is unique, with its own set of circumstances and challenges. ACC Law Firm tailors its services to meet the specific needs and goals of professionals, ensuring the best possible outcome.

• Legal Compliance: Divorce involves numerous legal requirements and paperwork. ACC Law Firm ensures that all documentation is completed accurately and submitted on time, preventing potential delays or legal issues.

• Objective Advice: Emotions often run high during divorce proceedings. ACC Law Firm's legal professionals provide objective advice and a calm, rational perspective, helping professionals make sound decisions in the midst of emotional turmoil.

• Conflict Resolution: Divorce can be contentious, but ACC Law Firm is experienced in conflict resolution. They work to minimize disputes through negotiation, mediation, and alternative dispute resolution methods, reducing the need for costly litigation.

• Child Custody and Support: For divorcing professionals with children, ACC Law Firm assists in establishing fair and workable child custody and support arrangements, always prioritizing the best interests of the children.

• Asset Division: ACC Law Firm helps professionals navigate the complex process of dividing marital assets and debts, ensuring an equitable distribution according to the applicable laws.

Q&A

Question 1: What are the procedures for unilateral divorce when one spouse is a foreigner?

Answer 1: Unilateral divorce procedures involving a foreign spouse typically follow the same legal steps as divorces between two citizens of the same country. However, there may be additional considerations related to jurisdiction and international laws.

Question 2: Do both spouses need to be present in the same country for a unilateral divorce?

Answer 2: In unilateral divorce proceedings, it is not always necessary for both spouses to be physically present in the same country. However, the specific requirements can vary depending on the laws of the involved countries.

Question 3: How can jurisdictional issues be resolved in unilateral divorce cases involving foreign spouses?

Answer 3: Jurisdictional issues in unilateral divorce cases involving foreign spouses can be complex. It's advisable to consult with an attorney experienced in international family law to navigate these issues and determine the appropriate jurisdiction for filing.

Question 4: Are there any international agreements that impact unilateral divorce cases with foreign spouses?

Answer 4: International agreements and conventions, such as the Hague Convention on the Civil Aspects of International Child Abduction, can play a role in unilateral divorce cases, especially if child custody matters are involved. It's essential to be aware of and comply with any relevant international agreements. Consulting an attorney knowledgeable in international family law is recommended in such cases.