Dossier and procedure for unilateral divorce with foreigner

Marriage relations with the foreigner are considered to be complicated social relations, especially in divorce matters. Therefore, in order for Clients to have basic information related to the current Vietnamese law provisions on unilateral divorce procedure with foreigner, Apolo Lawyers ((+84) 903.419.479) will provide Clients with paperwork and procedure to carry out this divorce proceeding.

1. Divorce paperwork with a foreigner

To process a divorce with a foreigner, you need to prepare the following documents:

• The divorce petition;

•  Identity card, citizen identity card or Passport of spouses;

• Household registration of the family;

• Birth certificates of children (in case the spouses already has children);

• Documents proving ownership of common assets or debts;

• Documents proving that one party is abroad (if applicable).

>>> Read more: Divorce with the missing person

Dossier and procedure for unilateral divorce with foreigner

2. Procedures for unilateral divorce with foreigner

Step 1: Submit the petition

The petitioner has to prepare a dossier for the unilateral divorce and submit it to a competent Court.

Step 2: Receive and process the petition

After receiving the petition, the Court will consider the case. Depending on this, the Court will return the petition, request amendments and supplements or handling petition.

Step 3: Prepare for the trial

During this proceeding, the Court will hold the meeting to inspect the handover, access, publicity of evidences and conciliation.

- If the conciliation is successful: the Court makes a record of successful conciliation and after 07 days if the parties do not change their opinions, the Court will issue a decision to recognize the consensual divorce. This decision takes effect immediately without being appealed or protested against according to appellate procedure.

- If the conciliation fails and the case is not one of the cases which suspends or temporary suspends, the Judge will issue the decision to bring the case to trial.

Step 4: First instance trial

At this stage, the Court will conduct a First instance trial and issue a divorce judgment

Accordingly, the Court will settle for divorce if there are evidences that the husband or wife commits domestic violence or seriously violates the rights and obligations of the husband and wife, causing the marriage to fall into a serious state which cannot last and the purpose of marriage is not achieved.

Step 5: Appeal, protest and appellate trial

The divorce judgment of the Court can be appealed for re-settlement according to the appellate procedure.

According to the provisions of Article 479 of the Civil Procedure Code 2015, the time limit for appealing against a Court Judgment or Decision on trial of a civil case involving foreign elements is prescribed as follows:

- The involved parties present in Vietnam have the right to appeal against the court judgment or decision within 15 days for appealing against the judgment of the first-instance trial.

- In case the involved party residing abroad are not present at the trial, the time limit for appealing against the court judgment or decision is 01 month from the date the judgment or decision is properly served or from the date the judgment or decision is duly served. The decision is duly posted in accordance with law.

- In case the Court conducts trial in the absence of overseas involved parties as prescribed at Point c, Clause 5, Article 477 of the Civil Procedure Code 2015, the time limit for appeal is 12 months from the date of judgment pronouncement.

>>> Read more: How long does a unilateral divorce take?

Dossier and procedure for unilateral divorce with foreigner

3. How can Apolo Lawyers - Solicitors & Litigators help you in the unilateral divorce? 

Specifically, after receiving all the information and documents provided by the client, our lawyers will conduct the following tasks:

• Research all information and records provided by the client.

• Consult, and discuss with clients the content of the file and the request to be resolved.

• Compose and prepare documents, they are necessary and correspond to the lawsuit request of the clients.

• Appointing Lawyers to work with the Court and in working sessions to protect the rights and interests of clients. 

• Represent the clients to work and resolve all the problems relating to the divorce of clients. 

• Publicize the processing of records, and regularly update information with clients so that the parties can monitor the work together.

>>> Read more: Unilateral divorce procedures in Vietnam

For further information, please contact us via email at contact@apolo.com.vn or Hotline: (+84) 903.419.479

APOLO LAWYERS