In Vietnam, there are two types of divorce and they are the consensual and the non-consensual divorce. The consensual divorce is usually the best approach because it doesn’t take a lot of time and couples do not have to file a petition at the court. However, we take note that when a Vietnamese is divorcing a foreigner it becomes a very complex process. There are several documents to be provided and the court issues the final statement that determines whether the marriage will fall through or not.
A consensual divorce happens when both parties reach an agreement on major issues that affects the marriage. Here, they are expected to have agreed on who takes custody of children, how properties are to be shared, and debts settled.
Both parties will then approach a competent court to make a pronouncement on their decision. Some important point to note with regards to consensual divorce in Vietnam include:
One of the major things to note when seeking consensual divorce is the competence of the court. This is very important because any pronouncement made by a court that is incompetent is null and void and can be challenged. The competent court to make divorce pronouncement in Vietnam is a provincial-level and depends on where the spouse resides in Vietnam.
b/ Documents to Be Submitted
To seek a divorce in Vietnam, spouses are to fill a request letter form. This letter contains the date of the request, name of the court where the divorce is sought, information of spouses, reason of divorce and agreed matters, including custody of children or common property.
A consensual divorce in Vietnam takes between one – three months from the date the request letter made by spouses is received by the court. It takes this long because the judge that is in charge of the case is expected, by law, to take steps to mediate between couples. The judge is to make a final ruling only when all efforts at reuniting couples proves abortive. Where mediation succeeds, the judge immediately terminates the divorce. The judge will only approve the consensual divorce when:
When a divorce pronouncement is made taking into consideration all of the above, it takes effect immediately and cannot be appealed.
Apolo Lawyers is welcomed to help the client consult, draft the dossier and carry out the divorce procedure. By our team of experienced lawyers, we trust that our clients will be satisfied with the quality of our services. For further information, please contact:
For further information, contact us:
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