DIVORCE LAWYERS FOR VIETNAMESE OVERSEAS

Personal consulting

1. What is divorce?
2. What is the specificity of a divorce case involving Vietnamese overseas?
3. What is the specific procedure for divorce with Vietnamese overseas?
5. What are the criteria for choosing a divorce lawyer for Vietnamese overseas?
6. How much does it cost to hire a divorce lawyer for Vietnamese overseas?

In marital relations, if marriage is a normal phenomenon, then divorce is an abnormal one. Divorce is the flip side of marriage but it is indispensable when the marital relationship has truly broken down, and the purpose of marriage is not achieved. In recent years, divorces have significantly increased, in which many cases involve one spouse being Vietnamese overseas. Divorce involving Vietnamese overseas is one of the very complex issues, taking a lot of time to resolve. Therefore, divorce lawyers for Vietnamese overseas are the choice of the parties (Vietnamese overseas or Vietnamese in the country) when they want to resolve a divorce.

1. What is divorce?

According to Clause 4, Article 3 of the 2014 Law on Marriage and Family, divorce is the termination of the husband and wife relationship according to a legally effective court judgment or decision. Thus, divorce can be understood as the termination of the husband and wife relationship before the law based on the voluntary will of at least one party in the husband and wife relationship.

The legal basis for terminating the marital relationship is a judgment or decision of the court that has legal effect. Therefore, the court is the only agency with jurisdiction to make a judgment terminating the marital relationship of the husband and wife. In case the husband and wife agree to divorce, agree with each other to resolve all contents of the husband and wife relationship when divorcing, the court recognizes the agreement to divorce by issuing a judgment in the form of a decision. If the husband and wife cannot agree on their own, they have the right to unilaterally divorce, the court will issue a judgment in the form of a divorce judgment.

2. What is the specificity of a divorce case involving Vietnamese overseas?

Vietnamese overseas include 2 main groups: People who still have Vietnamese nationality, are residing and living permanently abroad; People who no longer have Vietnamese nationality but their origin has parents, grandparents, ancestors who are Vietnamese citizens, are currently residing and living permanently abroad. Therefore, a divorce case involving Vietnamese overseas is considered a divorce case with foreign elements. Each group of Vietnamese overseas subjects is governed by many different laws, so each case has different procedural rules, complex characteristics.

Divorces involving Vietnamese overseas have high specificity, because:

Firstly, there are many difficulties in judicial entrustment activities. Resolving a divorce case involving Vietnamese overseas in the case of a litigant abroad, the activity of entrusting justice abroad is an issue of decisive nature in bringing the case to trial. However, the entrustment of justice still has many difficulties, complexities, especially in the activity of entrusting justice some works such as taking statements, serving papers, collecting evidence, verifying addresses, requesting expertise.
Secondly, there are still many difficulties in applying the law. In the case of no international agreement, applying the provisions of Vietnamese law in practice encounters many difficulties. Many cases where Vietnamese courts determine jurisdiction and issue judgments, but because other countries believe that jurisdiction also belongs to their country, this leads to legal conflicts between Vietnam and those countries.

3. What is the specific procedure for divorce with Vietnamese overseas?

3.1 Divorce dossier with Vietnamese overseas

Consensual divorce dossier:

Consensual divorce petition signed by both spouses Certified copy or original Marriage Registration Certificate Certified copy of ID card/passport of both spouses Certified copy of child’s birth certificate Certified copy of other documents, evidence proving the common property of the husband and wife such as: Certificate of land use rights, house ownership and other assets attached to the land, vehicle registration, bank savings book…

Unilateral divorce dossier:
- Divorce lawsuit
- Certified copy or original Marriage Registration Certificate
- Certified copies of ID card/passport of spouses
- Certified copy of child’s birth certificate
- Certified copyiesof other documents, evidence proving the common property of the husband and wife such as: Certificate of land use rights, house ownership and other assets attached to the land, vehicle registration, bank savings book…
- Residence confirmation paper of the defendant (wife/ husband).

3.2 Procedure for resolving consensual divorce with Vietnamese overseas

Step 1: Prepare and submit the application
Prepare and submit the Request for Recognition of Consensual Divorce, along with accompanying documents, to the Provincial/City People's Court where the husband or wife resides or works.

Step 2: The court receives and processes the application
Within a working period of 03 days, the Chief Judge of the Court assigns a Judge to review the request. If the Request or the dossier, documents are invalid or incomplete, the Judge issues a notice to amend and supplement the Request. If the Request and accompanying documents meet the conditions for acceptance, the Judge issues a notice to pay the fee.

Step 3: Acceptance of the case
After the litigant pays the court fee at the District/County Enforcement Sub-Department and returns the receipt of the advance fee to the court, the judge issues a notice of acceptance of the request.

Step 4: Session to resolve civil matters
The court summons the husband and wife to resolve the consensual divorce, reconcile so that the husband and wife reunite, explain the rights and obligations of the husband and wife, parents to children regarding the responsibility of maintenance.

Step 5: Issue a decision recognizing consensual divorce
At the session to resolve civil matters, if reconciliation is successful, the husband and wife will reunite, then the court issues a decision to suspend the resolution of the divorce request of the two people. If reconciliation is unsuccessful, the husband and wife still want to divorce, then the court issues a decision recognizing consensual divorce. The marital relationship ends from the date the decision recognizing consensual divorce takes legal effect.

Step 6: Appeal
The husband/wife has the right to appeal within a period of 10 days from the date the court issues the decision. In the case where the husband/wife is not present at the session to resolve civil matters, the appeal period is 10 days from the date of receiving the decision.

Note for the procedure of consensual divorce, if during the process of resolving the request for consensual divorce, one party changes their mind, no longer wants to divorce, or there is a dispute about raising children, maintenance, assets, or common debt, then the court will switch to resolving the case according to the procedure of unilateral divorce.

3.3 Procedure for resolving unilateral divorce with Vietnamese overseas

Step 2: The court receives and processes the application
Within a working period of 08 days, the Judge reviews the application and issues a notice to pay the advance court fee. If the Divorce Petition or the dossier, documents are invalid, incomplete, the Court issues a notice to amend and supplement the Divorce Petition request.

Step 3: Acceptance of the case
After the litigant pays the advance court fee at the District/County Enforcement Sub-Department and returns the receipt of the advance court fee to the court, the judge issues a notice of acceptance of the case. The time limit for resolving a unilateral divorce case is usually about 4 months from the time the court issues a notice of acceptance, if the divorce case is complex or there are objective obstacles, the resolution time is 6 months. In practice, resolving a divorce case can be shorter or longer than the time prescribed by law, depending on the nature of each case.

Step 4: Organize a session to receive, access documentary evidence and reconcile
The court proceeds to summon to take statements, organize a session to hand over, access, publicly evidence and reconcile according to the provisions of civil procedure law.

In the case of a divorce case with a dispute about raising children when divorcing, the Judge must take the opinion of a minor from the age of seven upwards, if necessary, it is possible to invite representatives of state management agencies about family, state management agencies about children to witness, participate in opinions.

If the husband and wife agree with each other on the issues to be resolved, the court will make a successful reconciliation record. This record is immediately sent to the litigants participating in the reconciliation.

After the expiration of 07 days, from the date of making the successful reconciliation record, if there is no litigant changing their opinion about that agreement, then the Judge presiding over the reconciliation session or a Judge assigned by the Chief Judge of the Court must issue a decision recognizing the agreement of the litigant.

Within 05 working days, from the date of issuing the decision recognizing the agreement of the litigants, the Court must send that decision to the litigants and the same level Procuracy.

Step 5: Open the first-instance court session to resolve unilateral divorce
In case the parties do not reconcile, within 01 month, from the date of the decision to bring the case to trial, the Court must open a court session to adjudicate unilateral divorce. In case of valid reasons, this time can be extended but not more than 2 months.

Step 6: Issue a judgment on divorce
After the end of the court session, the result of resolving the unilateral divorce request will be decided by a judgment. The marital relationship ends from the date the judgment takes legal effect.

Step 7: Appeal
The husband/wife has the right to appeal within a period of 15 days from the date of the verdict. In case the husband/wife is not present at the court session or is not present when the verdict is announced, the appeal period is 15 days from the date of receiving the judgment.

4. What does a divorce lawyer for Vietnamese overseas do?

Divorce lawyers for Vietnamese overseas provide legal services on divorce including but not limited to the following services.

Divorce consultation for Vietnamese overseas:
- Consult on the basis, conditions of divorce, give appropriate legal advice to clients related to relationships when resolving divorce with Vietnamese overseas: Marital relationship, children, assets.
- Consult on conditions, procedures for consensual divorce, unilateral divorce for Vietnamese overseas;
- Consult on legal regulations on the relationship between parents and children: Consult on the right to raise children; rights to care for, educate, nurture children after divorce; maintenance issue; change the person directly raising the child after divorce.
- Consult on legal regulations on the property relationship of the husband and wife: the principle of dividing the property of the husband and wife when divorcing; asset division procedures; procedures to confirm the common and separate property of the husband and wife during the marriage period.
Lawyers protect the legitimate rights and interests of clients when divorcing Vietnamese overseas:
- Draft legal opinions to send to the court to protect the legitimate rights and interests of clients throughout the dispute resolution process.
- Protect the legitimate rights and interests of clients during the dispute resolution process related to assets.
- Protect the legitimate rights and interests of clients during the dispute resolution process related to the fight for child custody when divorcing; change the person directly raising the child after divorce; maintenance obligation.
- Protect the legitimate rights and interests of clients during the dispute resolution process related to determining parents for children or children for parents.
- Represent to work with related agencies to protect the legitimate rights and interests of clients.
- Represent to carry out procedures to collect, copy records, evidence to serve the dispute resolution process.

5. What are the criteria for choosing a divorce lawyer for Vietnamese overseas?

Getting married or divorced is a serious matter in one's life. Especially, divorce brings many consequences not only for two individuals, two families, children but also impacts on society. A lawyer advising, supporting to resolve divorce needs to gather many qualities:

Have rich experience in marital life, family, society;
Understand psychology;
Have professional ethics and human ethics;
Proficient in legal regulations on marriage and family and related legal regulations at home and abroad;
Have good problem-solving skills;
Have listening skills, grasp psychology, presentation, persuasion.

6. How much does it cost to hire a divorce lawyer for Vietnamese overseas?

Phong & Partners Law Firm has received the trust and entrusted responsibility from many clients who are individuals, organizations in many legal fields. With a team of highly specialized, experienced staff, always researching, learning about the legal field, Divorce lawyers for Vietnamese overseas at Phong & Partners are confident to solve legal issues about the divorce case with Vietnamese overseas.

Depending on the complexity, scale of each case, and the needs of the client, we will evaluate and offer a suitable service fee, ensuring all agreements with clients are clear and transparent.

With the motto “PRESTIGE - DEDICATION - PROFESSIONAL”, Phong & Partners Law Firm is committed to advising and resolving requests for divorce involving Vietnamese overseas for our clients in the most dedicated and effective way.

You can learn more about PHONG & PARTNERS LAW FIRM SYSTEM IN DA NANG with the following information:

PHONG & PARTNERS LAW FIRM

Phong & Partners Lawyer in Da Nang City

1. Phong & Partners Law Firm in Hai Chau - Thanh Khe

Address: 6th floor, Thanh Loi Building, 249 Nguyen Van Linh, Thanh Khe district, Da Nang.

Phone: 02363 822 678 - 0905 102 425

2. Phong & Partners Law Firm in Son Tra

Address: 01 Dong Giang, Son Tra district, Da Nang.

Phone: 0905 205 624

3. Phong & Partners Law Firm in Lien Chieu

Address: 21 Truong Van Da, Lien Chieu District, Da Nang.

Phone: 0961 283 093