DIVORCE BY MUTUAL CONSENT WITH FOREIGN ELEMENTS

DIVORCE BY MUTUAL CONSENT WITH FOREIGN ELEMENTS

In the context of globalization, more and more couples have marital relationships with foreign elements. When deciding to divorce, it is necessary to clearly understand the legal regulations on consensual divorce with foreign elements. The following article will provide detailed information on the process, jurisdiction, and related issues. In case you need advice, please contact Apolo Lawyers via email at contact@apolo.com.vn or hotline: (+84) 903 419 479 for the best advice and support.

1. Divorce in vietnamese for Foreign Elements

A mutual divorce is a form of divorce in which both parties agree to end the marriage. This includes agreement on the division of property, child custody, and alimony obligations.

When one party is a foreign citizen or both parties are foreigners with connections to Vietnam, the divorce process will be governed by the provisions of Vietnamese law as well as any applicable international agreements.

According to Article 127 of the Law on Marriage and Family 2014 regarding divorce with foreign elements as follows:

"Article 127. Divorce with foreign elements Divorces between Vietnamese citizens and foreigners, or between foreigners residing in Vietnam, shall be resolved by the competent authorities of Vietnam in accordance with this Law.

In cases where a Vietnamese citizen is not residing in Vietnam at the time of the divorce request, the divorce shall be resolved according to the laws of the country where the couple has their common residence; if they do not have a common residence, it shall be resolved according to Vietnamese law.

The resolution of assets that are real estate located abroad during the divorce shall comply with the laws of the country where that real estate is situated."

Thus, a case is considered a divorce with foreign elements when it meets the above conditions. Accordingly, when both spouses voluntarily sign the divorce application and have reached agreements regarding assets, children, and related issues, they can proceed with the divorce procedure.

Divorce By Mutual Consent With Foreign Elements

2. Divorce Procedure

2.1. Preparing the Documents

The divorce application includes the following documents:

• A divorce petition.
• Marriage certificate.
• Personal identification documents (ID card, passport).
• Documents proving assets (if any).

2.2. Filing the Application at Court

Both parties need to submit the application to the competent court. The court will review the application and organize a mediation session.

2.3. Mediation

The court will conduct mediation between the two parties. If mediation is successful, the court will issue a decision recognizing the mutual divorce.

Divorce By Mutual Consent With Foreign Elements

2.4. Divorce Fees for Foreigners

For cases of mutual divorce: In the case of mutual divorce with shared assets where the spouses have reached an agreement, there will be no need to pay property division fees based on the valuation. Therefore, the fee for a mutual divorce that both spouses must pay is 300,000 VND, as per Resolution 326/2016/NQ-UBTVQH.

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