Resolving disputes for divorce in Vietnam involving foreign elements is one of the complicated procedures ? So, How many methods of resolving divorce dispute caused? How does the divorce process work? The following essay of GATE2V will clarify the problem for you.

Divorce procedures for foreign in Vietnam

Divorce procedures for foreigners in Vietnam may vary depending on several factors, including your nationality, marital status, and the specific circumstances of your case. However, I can provide you with a general overview of the divorce process for foreigners in Vietnam.

Jurisdiction

Determine the appropriate jurisdiction for your divorce. In general, you can file for divorce in Vietnam if one or both of the spouses reside in the country or if the marriage was registered in Vietnam.

Grounds for Divorce

Familiarize yourself with the grounds for divorce in Vietnam. The most common grounds include adultery, domestic violence, separation for a certain period, or irretrievable breakdown of the marriage.

– Code of Civil Procedure of Vietnam 2015;

– Law on Marriage and Family 2014.

Documentation

Gather the necessary documents for the divorce proceedings, which may include:

– Marriage certificate: The original marriage certificate or a certified copy.

– Proof of identity: Passports or identification documents for both spouses.

– Proof of residence: Documents showing the current address of one or both spouses.

Evidence of grounds for divorce

Depending on the grounds for divorce, you may need to provide supporting evidence, such as photographs, witnesses’ statements, or medical reports.

Mediation

In some cases, the court may require mediation to attempt reconciliation before proceeding with the divorce. Mediation can be mandatory or voluntary, depending on the circumstances.

Divorce Application

• File a divorce application with the appropriate court. The court will review the application and supporting documents. If everything is in order, they will schedule a hearing date.

Divorce Hearing

• Attend the divorce hearing along with your lawyer. During the hearing, both spouses may present their arguments and evidence supporting their case. The court will make a decision based on the presented facts and applicable laws.

Divorce Decree

• If the court grants the divorce, they will issue a divorce decree. This decree will outline the terms of the divorce, including child custody, visitation rights, division of assets, and spousal support if applicable.

Registration

• Register the divorce decree with the local authorities, typically at the Department of Justice or People’s Committee in the city where the marriage was registered.

It’s important to note that divorce procedures can be complex, and the specifics may vary depending on your individual circumstances. Therefore, it is strongly recommended to seek professional legal advice from an attorney experienced in family law in Vietnam. They will provide you with the most accurate and up-to-date information based on your situation.

Resolving disputes for divorce in Vietnam

When it comes to resolving disputes for a divorce in Vietnam, there are several methods available. The appropriate approach depends on the nature of the dispute and the willingness of the parties involved to cooperate. Here are some common methods for resolving disputes in divorce cases in Vietnam:

Negotiation

This is an informal method where the parties and their respective lawyers attempt to reach an agreement on the terms of the divorce, such as child custody, visitation rights, division of assets, and spousal support. Negotiation allows for flexibility and can be less time-consuming and costly compared to other methods.

Mediation

Mediation involves the use of a neutral third party, known as a mediator, who facilitates communication and helps the parties find common ground. The mediator does not make decisions but assists in reaching a mutually acceptable agreement. Mediation can be particularly useful when there are disagreements but the parties are willing to work together to find a resolution.

Collaborative divorce

Collaborative divorce is a process where both parties and their respective lawyers commit to resolving the divorce outside of court. They engage in negotiations and work together to find mutually acceptable solutions. This method promotes cooperation and can be less adversarial than traditional litigation.

Litigation

If the parties are unable to reach a settlement through negotiation, mediation, or collaboration, they may resort to litigation. In this case, they present their case before a court, and a judge makes the final decision regarding the divorce terms. Litigation can be a more formal and adversarial process, and it often takes longer and may incur higher costs compared to alternative dispute resolution methods.

It’s worth noting that divorce proceedings in Vietnam can vary based on the specific circumstances of each case and the court’s discretion. It’s advisable to consult with a family law attorney in Vietnam who can guide you through the available dispute resolution methods and help you choose the most suitable approach based on your situation.

Gateway to Vietnam – The unit specializes in solving divorce issues related to foreign factors

Solving Vietnamese divorce issues with foreign elements is one of the more complicated procedures. Therefore, when carrying out these procedures, the parties should pay attention to consider and understand the legal provisions to avoid problems with divorce procedures in Vietnam. Or the simplest way is that you should look to a law firm that specializes in handling these issues for assistance in drafting documents, filing, or even resolving disputes on post-divorce issues such as custody. children, common property, property division, allowance, …. Gate2v.com will help you to do that. Contact us: (84) 916 545 618

We often consults and participates to settle some divorce cases with foreign factors such as

Divorce between Vietnamese and foreigners while both are living in Vietnam

In this case, the divorce proceedings would generally follow Vietnamese laws and regulations.

The couple can file for divorce in Vietnam if one or both spouses reside in the country or if the marriage was registered in Vietnam.

The divorce process would involve submitting the required documentation, attending hearings, and resolving disputes regarding child custody, asset division, and spousal support according to Vietnamese family law.

Divorce between Vietnamese and foreigners while living and working abroad:

If both spouses are living and working abroad, the divorce proceedings may depend on the laws of the country where the divorce is being sought.

The couple would need to consult with lawyers familiar with the laws of both their home countries and the country where they reside to understand the applicable jurisdiction and legal requirements.

It may be necessary to meet specific residency requirements or file for divorce in the country where the marriage was registered.

Divorce between foreigners residing or working in Vietnam:

In this scenario, the divorce proceedings could be conducted in Vietnam, depending on the circumstances.

Besides, Layers of gate2v participated in drafting a number of applications related such as: Divorce petition, A petition requesting the Court to recognize the consent for divorce, Agreements on division of common property during the marriage period, Agreement on division of common property upon divorce…

We also provide legal advice on divorce, property division, caregiving, alimony and customer support in cases of determining father for a child,  request the exercise of visitation rights,  request for a change in child custody, a change in the level of support obligations.