Nowadays, marriage between Vietnamese citizens and foreigners is no longer uncommon in Vietnam. When getting married, everyone tends to dream about happiness and concord. By contrast, there is usually conflict in the marriage period, especially for couples of different nationalities who have differences in language, culture and customs. When couples do not find out spiritual contact in marriage life, the divorce could be a rational remedy. From legal aspect, if married couples decide to resolve marriage relations which are based on the agreements of child custody and properties, the Court shall resolve divorce by enforcing laws and the mentioned agreements. Such agreements is a great importance in divorce with foreign element. This article dicusses about Vietnam’s law on voluntary divorce involving foreign elements.

1. The conditions of mutual consent divorce settlement

According to Article 55 of Vietnam’s law on Marriage and Family (2014), the Court shall resolve divorce by following: “When both spouses request a divorce, a Court shall recognize the divorce by mutual consent if seeing that the two are really willing to divorce and have agreed upon the property division, looking after, raising, care for and education of their children on the basis of ensuring the legitimate interests of the wife and children. If the spouses fail to reach agreement or have reached an agreement which fails to ensure the legitimate interests of the wife and children, the Court shall settle the divorce.”

It can be seen that willingness is the most essential condition which helps the Court pronounces voluntary divorce. As a result, there are 03 conditions to implement a legally divorce by mutual consent:

- Both husband and wife are in voluntary status and they sign an application for divorce;

- They have reached agreement on child custody and levels of support, this agreement must ensure the interests of the parties and the interests of the children;

- They have reached agreement on property division, or failed to reach agreement but are unwilling to request the support from the Court. In case husband and wife reached agreement on property division and desired to be recognized by the Court, they have to write in the application for divorce.

2. Competence to settle voluntary divorce involving foreign elements

According to Clause 3 of Article 35 and Article 37 in Civil Procedure Code 2015, the provincial people’s Courts are competent to settle divorce by mutual consent involving foreign elements.

In special case of Clause 4 of Article 35 in Civil Procedure Code 2015, the people’s Courts of districts where Vietnamese citizens reside shall be in charge of settling divorce petitions between Vietnamese citizens living in frontier areas and citizens of neighboring countries living near Vietnam.

3. Divorce dossier

To proceed the divorce petition, it is required to prepare divorce dossier, includes:

- An application for recognition the divorce consent;

- The original of marriage certificate;

- Identity card or Passport; Household book (an authenticated copy);

- The copy of the children’ birth certificates;

- An authenticated copy of deeds, documents on property ownership (in case there is a dispute on property);

- Documents proving that a party is abroad (if any).

Note: In case the parties who have registered marriage under foreign laws want to get divorce in Vietnam, they must conduct the consular legalization of marriage certificate and record them to the register at the Justice Department before submitting an application for divorce at the Court.

4. The divorce process

Stage 1: Prepare a divorce dossier and submit it at jurisdictional Court

Stage 2: Pay fees; the Court accepts the case

After receiving the sufficient dossier, within 03 working days, the Chief Justice of the Court shall designate the Judge to resolve it. If the dossier is conform, the Judge shall notify involved parties of fees; within 05 working days, both husband and wife must pay fees and submit the receipts to the Court.

Within 03 working days from the date on which the case is accepted, the involved parties shall be notified of the settlement of the request for recognition of the voluntary divorce.

Stage 3: The Court prepares for petition consideration and opens the meeting to resolve the request for recognition of the voluntary divorce.

Time limit for preparation for petition consideration shall be 01 month from the day on which the Court accepts the petition.

Within 15 days from the date on which the case is accepted, the Court shall open the meeting. During this time, the Court shall conduct the meeting according to the provisions of law. 

Stage 4: Make a decision to recognize the voluntary divorce

In the case of successful conciliation, the Court shall make a decision to terminate the resolution of the divorce request. If the meeting fails, both husband and wife want to get divorce, and they reach agreement on the issue of property and the legitimate interests of children, the Court shall make a decision to recognize the voluntary divorce. The marriage relation shall terminate on the date a court’s divorce judgment or decision takes legally effective. If they fail to reach agreement, the Court shall make a decision to terminate the civil issue of the voluntary divorce and accept as a civil case.