Divorce Counseling 21/10/2022
1. Legal provisions related to divorce in Viet Nam.
The divorce with foreigners and Vietnamese citizens or between two permanent foreigners in Vietnam shall be settled at a competent Vietnamese agency by this Law.
In case a partner being a Vietnamese citizen does not permanently reside in Vietnam at the time of request for divorce in Viet Nam, the divorce shall be settled by the law of the country where the husband and wife permanently co-reside; if they do not have a place of permanent co-residence, the Vietnamese law shall apply.
The settlement of a divorced couple immovables in a foreign country must comply with the law of the country where such immovables are located.
According to the provisions of the Civil Procedure Code 2015, the divorce between husband and wife will be done by the district-level People Court. However, when resolving a divorce with a foreigner in Viet Nam, the People Court of the province is the competent agency to settle.
However, in the special case specified in Clause 4, Article 35 of the 2015 Civil Procedure Code, if a Vietnamese citizen residing in the border area with a citizen of a neighboring country living together, residing in the border area with Viet Nam want to get a divorce in Viet Nam, the jurisdiction belongs to the district-level People Court.
Thus, in case the husband and wife permanently reside in a foreign country and do not permanently reside in Vietnam, the divorce will be resolved according to the laws of the host country. In normal cases, this authority belongs to the People Court of the province.
- Joint property of husband and wife: Both spouses can completely agree on the issue of division of husband and wife common property. If no agreement is reached, they have the right to ask the court to divide the property.
- Common debt: An individual or institutional debt that is borrowed by husband and wife or only by the husband and wife, but for common use, or the common life of the family.
- Regarding common children
- Regarding support obligations after divorce.
>>> Read more: The divorce between Vietnamese and foreigner in Vietnam
4. Divorce service in Viet Nam
Divorce with foreigners in Vietnam is a legal field that our company has many experiences with. We have experienced lawyers in giving advice and consulting on legal issues related to divorce proceedings. Apolo Lawyers often provide legal services for divorce with foreigner proceedings include the following:
Consulting the clients on how to prepare documents to submit to the Court related to requests for divorce in Viet Nam.
Draft petitions or requests of the clients.
Support the clients to complete the proceedings of a divorce with foreigner.
Be the representative of the client to carry out the submission of documents or contact the authorized Court promptly.
Defense of lawful rights and interests.
Apolo Lawyers - Solicitors & Litigators has many forms of consulting that the clients can choose from consulting face-to-face at our office, consulting via Email, telephone, and other forms. The clients can contact us via email at firstname.lastname@example.org or Hotline (+84) 903 419 479 for the best advice and support.