Dossier and procedure for consensual 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 consensual divorce procedure with foreigner, Apolo Lawyers will provide Clients with paperwork and procedure to carry out the divorce proceeding with a foreigner.

1. Divorce paperwork with a foreigner

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

- Application for recognition of consensual divorce which was signed by both husband and wife (in case of consensual divorce);

- 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: The dossier of mutual consensual divorce

Dossier and procedure for consensual divorce with foreigner

2. Procedures for consenting divorce with foreigner

Step 1: Submit your application

The husband and wife prepare all the documents mentioned above and submit them to the competent Court.

Step 2: Receive and process the application

After receiving the application, the Court will consider and handle the following cases on a case-by-case basis:

- Returning the application: The court has the right to return the application in the following cases:

+ The requester does not have the right to request or does not have the capacity for civil procedure acts;

+ The case has been settled by a court or a competent state agency;

+ Civil matters that are not within the jurisdiction of the Court;

+ The requester does not amend or supply the request within the prescribed time limit;

+ The requester does not pay the fee within the prescribed time limit, unless the fee is exempted or not required or the payment is delayed due to force majeure events or objective obstacles;

+ The requester withdraws the appication;

+ Other cases as prescribed by law;

- Requests for modification and supplementation of dossiers: In case the petition does not contain sufficient information, the judge will request the requester to amend and supply it within 07 days from the date the requester receive the request;

- Accepting the application: When the dossier is complete and the requester has paid the fee, the Court will accept the case.

Step 3: Prepare to consider the application

- During the time limit for preparing to consider the petition, before conducting conciliation for husband and wife reunification, when deeming it necessary, the Judge may consult with the state management agency in charge of the family, the state management agency in charge of children about the family situation, the causes of the conflict, and the wishes of the spouse and children ralated to the case;

- The judge must conduct mediation to reunite the spouses; explain the rights and obligations between husband and wife, between father, mother and children, among other family members, about alimony and other issues related to marriage and family. In the case of conciliation, the conciliation meeting must be opened within 06 months and no later than 08 months from the date of issuing the notice of acceptance of the case. The date of resumption of the conciliation meeting (if applicable) is fixed within 1 month from the date of opening the mediation session;

- In case after conciliation, the husband and wife reunite, the judge will issue a decision to suspend the settlement of their request.

Step 4: First-instance meeting

In case the conciliation and reunification is unsuccessful, the judge will open a meeting and issue a decision to recognize the consent of the parties to the divorce and the agreement of the involved parties as prescribed in Article 212 of the 2015 Civil Procedure Code when all the following conditions are fully satisfied:

- Both parties really voluntarily divorce;

- The two parties have reached an agreement on the division or non-division of common property, the care, upbringing and education of children;

- The agreement must ensure the legitimate interests of the wife and children;

The decision on recognition of consent to divorce takes effect immediately and is not subject to appeal or protest according to appellate procedures.

>>> Read more: Advice on procedures for recognition of consensual divorce at Court

Dossier and procedure for consensual divorce with foreigner

3. Legal service about quick mutual consensual divorce in Vietnam at Apolo Lawyers

If you want a quick resolution of mutual consensual divorce, do not hesitate 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 consensual divorce, 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 Application for consensual 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 a consensual divorce. 
• Drafting and finalizing the form and detailed content of the Application; 
• Help the client to make and check the dossier of request for recognition of consensual divorce. 
• Support clients in the process of working with competent authorities; 
• Consulting on the fees of a consensual divorce, time to resolve the recognition of consensual divorce of the Court. 

>>> Read more: Consensual Divorce In The Absence Of A Spouse

Apolo Lawyers - Solicitors & Litigators is proud to be a law firm with many years of experience in supporting our clients in 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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