Unilateral Divorce Involving Foreign Elements

by quanhthuyhien Thu Sep 28, 2023 11:43 am

The unilateral divorce procedure is quite complicated. However, the procedure of unilateral divorce involving foreign elements is even more complicated, especially if the involved parties are abroad, the Court must entrust the judicial authority to the Court and foreign competent agencies to perform the service and verification. Apolo Lawyers - Solicitors & Litigators (Tel:(+84) 903. 419. 479) will advise on issues related to a unilateral divorce involving foreign elements to clients in the article below.

1/ What is a divorce involving foreign elements?

- Divorce with foreign elements means a divorce between a Vietnamese citizen and a foreigner or overseas Vietnamese;
- Between two foreigners permanently residing in Viet Nam
- Between Vietnamese people but the grounds for establishing, changing or terminating such relationship according to foreign law, arising abroad or the property related to such relationship is abroad.

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2/ Jurisdiction to settle divorce issues involving foreign elements

The Court of the province or city under central authority in Vietnam where the party in Vietnam or the respondent is residing or working.

Note: If a Vietnamese person no longer has Vietnamese nationality, although still residing in Vietnam, applies for a divorce involving foreign elements, it does not fall under the jurisdiction of the Court in Vietnam.

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3/ Dossier to carry out unilateral divorce procedures with foreigners

- Application for unilateral divorce with foreigners or Application for recognition of consensual divorce. If the signer is a foreigner, it must be certified by the Vietnamese embassy abroad (for Vietnamese people) or approved by a competent foreign agency (for foreigners)
- Marriage certificate (if any), in case the original marriage certificate is lost, a true certified copy of the original issued by a competent State agency must be submitted, but clearly stated in the petition.
- ID card (Passport); Passport (certified copy) of both parties;
- A copy of the birth certificate of the (if any);
- Certified copies of vouchers, and documents on property ownership (if there is a property dispute);
- Certificate of the marital status of husband and wife;
- Documents proving that one party is abroad (if any);

Note: If both parties register their marriage under foreign law and want to divorce a foreigner in Vietnam, they must consular obtain the marriage registration certificate and carry out the procedures for noting it in the register at the Department of Justice, then filed for divorce.

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4. Legal services related to a unilateral divorce involving foreign elements

Apolo Lawyers provides services related to unilateral divorce lawyers involving foreign elements such as:

- consulting divorce with foreign elements (divorce with a foreigner);
- Advising on rights and obligations of related to the case;
- Consulting on common property of husband and wife;
- Child custody counseling;
- Instructing the client to provide relevant papers and documents to protect the interests of the client during the mediation phase at the Court;
- Participating in mediation negotiations on divorce, property division and child custody;
- Authorized representation for clients in divorce cases involving foreign elements;
- Participating in legal proceedings to protect legitimate interests of the clients: property disputes, child custody disputes, etc.

In order for the divorce to be resolved quickly, the divorce petitioner can implement divorce proceedings himself or seek divorce counseling services. When coming to the divorce procedure consulting service at Apolo Lawyers - Solicitors & Litigators, with a team of knowledgeable legal consultants, they regularly guide and prepare divorce documents. Clients will be consulted and given solutions, the fastest and most time-saving procedures, clients can carry out unilateral divorce procedures with just one visit to the Court. With the enthusiastic support from the company, it will help clients not to spend a lot of time, on travel expenses, etc., but still, monitor and carry out the divorce procedure in the most reasonable time.

So, if you have any issues, please do not hesitate to contact us via Apolo Lawyers - Solicitors & Litigators or Hotline: (+84) 903.419.479.