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How to divorce in Vietnam

You are foreigner and got married with a Vietnamese citizen. Now, both of you want to divorce but cannot find the way to carry out the procedure, especially your spouse is not in Vietnam. Is it possible for us to get divorce? Does the procedure take a long time? Which documents need to be submitted? Apolo Lawyers will show you the answer.

What does the divorce stipulate by Vietnamese law?

According to Vietnamese law, marriage relationship is formed when both parties register their marriage at a competent state agency and have a certificate of marriage registration. Therefore, when get to divorce, it shall be under a court legally effective judgment or decision.

Both parties have the right to request a court to settle their divorce. So, one spouse decides to terminate the marriage without the consent of the other (a.k.a unilateral divorce). Or, both parties agree to divorce (a.k.a uncontested divorce). However, a husband has no right to request a divorce when his wife is pregnant, gives birth or is nursing an under-12-month child.

Aside from getting a divorce, there are two other main issue to consider when starting a divorce. It is child custody and division of common property (if any). If no agreement can be reached, the Court will settle the divorce.

How to begin the divorce process?

You may prepare a dossier to direct the Court or send by post. The dossier is including:

  • A divorce application
  • The original marriage registration certificate. If the original is not available, you may use a copy which is certified by a foreign competent agency;
  • A certified copy of your passport or visa;
  • A certified copy of identity card or passport of your husband;
  • Certified copies of birth certificates of your children (if any);
  • Title documents or documents proving houses, cars, bank account, etc. (if property dispute)

Note: Papers and documents in foreign languages which must be requested for consular certification and legalization.

What is the procedure for divorce in Vietnam?

In general, the procedure for divorce in Vietnam will be as follows:

Step 1: Submit lawsuit application for divorce to the People Court of the province or centrally-run city where one party is residing to settle your case

Step 2: After receiving the application and valid dossiers, the Court will issue a notice to pay a court fee

Step 3: Pay the advance payment of the Civil Court of First Instance judgment in the Department of Execution and return the advance payment receipt to the Court;

Step 4: The Court accepts the case for divorce and releases a notification of the case acceptance. The case was resolved by the judgment or decision on the case;

Civil Court of First Instance fee is VND 300,000 (if no property dispute).

The trial preparation time is four to six months from the date of case acceptance. Trial open duration: One or two months from the date of the decision to bring the case to trial.

In principle, the one who submits the dossier for divorce shall present in Vietnam. It is tricky to solve the divorce if you are not in Vietnam. Therefore, in this case, you should hire a professional lawyer to help you get a divorce while you are abroad.

Welcome to Apolo Lawyers Law Firm

Apolo Lawyers is welcomed to help the client to get a divorce and solve the relatwd custody and division of common property. By our team of experienced lawyers, we believe that our clients will be satisfied with the quality of our services. For further information, please contact:

Apolo Lawyers Law Firm

Address: 10th Floor, PaxSky Building, No. 51 Nguyen Cu Trinh Street, District 1, Ho Chi Minh City

Tel: (028) 66.701.709 / (028) 35.059.349

Mobile & WhatsApp 1: 0939.486.086 / Mobile & WhatsApp 2: 0908.043.086

Email: contact@apolo.com.vn

Website: www.apolo.com.vn

APOLO LAWYERS

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