Divorce means termination of the husband and wife relation
under a court’s legally effective judgment or decision.
Divorce dispute law firm in Vietnam
What is the condition of divorce?
Firstly, we need to know about subjects being entitled to
request divorce settlement. That is husband or wife or both having the right to
request divorce settlement from a Court; a parent or other relatives has the
right to request divorce settlement from a Court when the spouse is unable to
perceive and control his/her acts due to a mental disease or another disease
and is concurrently a victim of domestic violence caused by his/her spouse
which seriously harms his/her life, health or spirit. In addition, a husband
has no right to request a divorce when his wife is pregnant, gives birth or is
nursing an under-12-month child.
The divorce is divided into two cases, those are divorce by
mutual consent and divorce at one party’s request.
Conditions of divorce by mutual consent: if both wife and husband request a
divorce and both parties 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, the court shall settle the divorce a court shall recognize the
divorce by mutual consent; 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.
Divorce at one party’ s request: if a spouse requests a divorce and the
conciliation at a court fails, the court shall permit the divorce if there are
grounds to believe that a spouse commits domestic violence or seriously
infringes of the rights and obligations of the husband or wife seriously
deteriorates the marriage and makes their common life no longer impossible and
the marriage purposes unachievable. When the spouse of a person who is declared
missing by a court requests a divorce, the court shall permit the divorce. For
a parent or other relatives’ request for a divorce mentioned above, a court
shall permit the divorce if there are grounds to believe that the domestic violence
committed by one spouse seriously harms the life, health or spirit of the
other.
Domestic violence acts is one of the important factors mentioned
in unilateral divorce. Domestic violence acts and “serious condition, common
life no longer impossible and the marriage purposes unachievable” are defined
in Vietnam laws.
For divorce involving foreign elements, an
important condition is permanent residence. First of all, marriage and family
relation involving foreign elements means the marriage and family relation in
which at least one partner is a foreigner or an overseas Vietnamese or in which
partners are Vietnamese citizens but the bases for establishing, changing or
terminating that relation are governed by a foreign law, or that relation
arises abroad or the property related to that relation is located abroad. Two
foreigners shall be settled a divorce in Vietnamese court if both of
them reside permanently in Vietnam. In case a partner being a Vietnamese
citizen does not permanently reside in Vietnam at the time of request for
divorce, the divorce shall be settled in accordance with the law of the country
where the husband and wife permanently co-reside; if they do not have a place
of permanent co-residence, the Vietnamese law could be applied. However,
it is suggested to consult with civil or dispute lawyers in civil
matters in the court proceeding to best protect the rights and interest
especially involving property division and child custody.
ANT Lawyers - a Law firm in Vietnam has
experience lawyers with divorce procedures or dispute matters of assets,
properties in Vietnam. For advice or service request, please contact us
via email ant@antlawyers.vn, or call us +84 24 730 86 529
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