Divorce Counseling 28/12/2022
According to Clause 14, Article 3 Law on Marriage and Family 2014, divorce means termination of the husband and wife relation under the legally effective judgment or decision of the Court.
According to Article 51, Law on Marriage and Family 2014, people have the rights to request for divorce is:
Husband or wife or both has or have the right to request a court to settle their divorce.
A parent or another next of kin of a spouse has the right to request a court to settle a divorce when the spouse is unable to perceive and control his/her acts due to a mental disease or another disease and is concurrently a victim of domestic violence caused by his/her spouse which seriously harms his/her life, health or spirit.
A husband has no right to request a divorce when his wife is pregnant, gives birth or is nursing an under-12-month child.
Therefore, husband or wife have the rights to request for divorce or both husband and wife mutually file the request for consensual divorce.
>>>Read more: The divorce between Vietnamese and foreigner in Vietnam
In order to get a divorce, the divorce petitioner needs to prepare documents to be sent to the Court. A divorce file with a foreigner includes:
- Applications for divorce;
- Marriage registration certificate (original);
– Personal papers of husband and wife: CCCD, ID card, passport (certified copy);
- Household book of husband and wife; Staying window; Temporary residence card of foreigners in Vietnam (certified copy);
– Birth certificates of children (certified copies);
- Papers proving common assets and common debts;
– In case the spouse has gone abroad but the address in the foreign country cannot be determined, a written certification of the departure from the locality is required.
Note: If both parties register their marriage under foreign law and want to get a divorce in Vietnam, they must consularly obtain the marriage registration certificate and complete the procedures for noting it in the register at the Department of Justice before submitting the application divorce in court.
If you want a quick resolution when divorce with a foreigner, do not hesitate to contact Apolo Lawyers. We will support our client with these tasks:
Consulting about the right to request the Court to settle divorce;
Consulting the divorce proceedings;
Making some paperwork such as petition, requestment, and statement for divorce;
Participating in divorce settlement procedures at the Court.
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: firstname.lastname@example.org and hotline: (+84) 903.419.479 to be consulted and helped in the most optimal way.