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How to get the fastest divorce in Vietnam?

Divorce Lawyers 21/10/2022

As society develops, ideas about love and marriage are also increasingly open. While in the past, many couples because of social prejudices were still together even though they were unhappy, now people have strongly chosen to divorce so that each other can find new happiness. Because due to the integration of the world, many foreigners came to Vietnam and married. In pursuit of happiness, the question “How to get the fastest divorce in Vietnam?” is always the most asked. This article below by Apolo Lawyers (Hotline: (+84) 903.419.479) will help our clients answer this question.

Divorce means the termination of the relationship between husband and wife under a legally effective judgment or decision of the court.

1. Types of divorce in Vietnam

1.1. Divorce by mutual consent

When both spouses request a divorce in Vietnam, a court shall recognize the divorce by mutual consent if seeing that parties are both willing to divorce and have agreed upon the property division and children custody on the basis of ensuring the legitimate interests of the wife and children. If the spouses fail to reach an agreement or have reached an agreement that fails to ensure the legitimate interests of the wife and the children, the court shall settle the divorce.

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1.2. Unilateral divorce

Unilateral divorce refers to a case when a wife or a husband requests the divorce and the conciliation at a court fails, the court shall permit the divorce if it has grounds to believe that a spouse commits domestic violence or seriously infringes upon the rights and obligations of the husband or wife, which seriously deteriorates the marriage and makes their common life no longer impossible and the marriage purposes unachievable.

1.3. Divorce involving foreign elements

Divorce involving foreign elements is divorce including one of the following conditions:

  • Divorce between Vietnamese and foreigners or vice versa
  • Divorce between foreigners when they have the request.

Based on both legal provisions and in practice, divorce by mutual consent will take the shortest time to get done. Therefore, if you want to get the fastest divorce in Vietnam, you should choose to get a divorce by mutual consent.

2. The dossier for divorce in Vietnam

To implement the divorce procedure in Vietnam, a spouse should prepare these documents:

  • An application for a unilateral divorce or an application for a divorce by mutual consent (according to the form of the court);
  • The original marriage certificate (if any), in case the original marriage certificate is lost, a copy certified true of the original issued by a competent state agency must be submitted, but clearly stated in the petition;
  • ID card (Passport); Household book (certified copy) of both parties;
  • A copy of birth certificate (if there are children);
  • Certified copies of vouchers and documents on property ownership (if there is a property dispute);
  • Documents proving that one party is abroad (for divorce cases involving foreign elements).

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

>>> Read more: Divorce in Vietnam

3. Legal service for getting the fastest divorce in Vietnam at Apolo Lawyers

If you want the fastest resolution of divorce in Vietnam, feel free to contact Apolo Lawyers. We will support our Client with these tasks:

  • Receiving opinions, and needs of clients on divorce, property division, and child-rearing upon divorce. 
  • Consulting on conditions of the divorce by mutual consent, unilateral divorce, and divorce involving foreign elements, the subject has the right to request the Court to settle the divorce in accordance with the law on marriage and family. 
  • Advising on the rights and obligations of the parties towards the other party, common property, children, and joint debt after divorce; 
  • Consulting the contents in the Petition for divorce: marital status, agreement on common property, children, joint debt; 
  • Advice on the handling order of the Court and steps to be taken in the case of divorce by mutual consent, unilateral divorce, or divorce involving foreign elements.
  • Drafting and finalizing the form and detailed content of the Petition; 
  • Help the client to make and check the dossier of requests for recognition of consensual divorce, check the petition and related attached documents to this petition.
  • Support clients in the process of working with competent authorities; 
  • Consulting on the fees of divorce by mutual consent, unilateral divorce, divorce with foreign elements in Vietnam. 

Apolo Lawyers - Solicitors & Litigators is proud to be a law firm with many years of experience in supporting our clients in a divorce involving foreign elements. Therefore, if you have any questions about divorce involving foreign elements and need support, do not hesitate to contact Apolo Lawyer via email: contact@apolo.com.vn and hotline: (+84) 903.419.479 to be consulted and helped in the most optimal way.

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