Navigating an international divorce in Vietnam can be a complex and emotionally challenging process. This comprehensive guide will help you understand the legal framework, find the right attorney, and navigate the procedures effectively.
Understanding Vietnamese Divorce Laws for International Couples
Vietnam’s divorce laws for international couples are governed by the Law on Marriage and Family, which provides specific provisions for marriages involving foreign elements. Understanding these laws is crucial for anyone considering divorce in Vietnam.
Basic Legal Framework
The Vietnamese legal system recognizes two types of divorce: consensual and contested. For international couples, additional requirements and procedures apply to ensure the divorce decree is recognized both in Vietnam and abroad.
The divorce must follow Vietnamese law, specifically the Law on Marriage and Family, and the Civil Procedure Code, along with Resolution 326/2016/UBTVQH14.
It is also necessary to consider other international documents, like:
- Bilateral or Multilateral Treaties: Countries that are part of the Hague Convention (1970) generally recognize divorces granted in other member states, provided certain conditions are met.
- Residency or Jurisdiction Requirements: Many states in the U.S. require that one of the spouses be a resident of the state or country in which the divorce is filed. This ensures that the court has the jurisdiction to rule on the divorce.
- Compliance with Local Laws: In Saudi Arabia, the divorce may need to meet certain local standards to be recognized, such as compliance with legal standards, which could include certain religious or procedural criteria. In this case, you might need to go to a Saudi court to have the foreign divorce recognized, even if the divorce was legally granted in Vietnam.
Jurisdiction Requirements
To file for divorce in Vietnam, at least one party must have legal residence in the country (the application for a trial in absentia of the person living abroad is required). The court’s jurisdiction will depend on factors such as (Article 39 Civil Procedure Code).
- In case of a consensual divorce (Article 39.2.h Civil Procedure Code):
The Court of the area where one of the parties to a voluntary divorce, agreed child custody, or property division resides or works shall have the jurisdiction to resolve the petition for recognition of the voluntary divorce and the agreement on child custody and property division upon divorce;
- In case of a contested divorce (Article 39.1 Civil Procedure Code):
- The Courts of the localities where the defendants reside or work, applicable to defendants
- The involved parties shall have the right to agree with each other in writing to petition the Courts of the localities where the plaintiffs reside or work, applicable to the plaintiffs
- Disputes over real estates must be settled by Courts where such real estates are located.
To understand more about the 2 cases of divorce, please refer to this article: Complete Guide to Divorce Procedures for Foreigners in Vietnam (2024)
When to Hire an International Divorce Attorney
Engaging an experienced international divorce attorney is crucial when dealing with:
Complex Asset Division Cases
International divorces often involve assets in multiple countries, requiring expertise in both Vietnamese and international property laws. Your attorney will help ensure fair division while navigating cross-border regulations.
Child Custody Matters
When children are involved, international custody arrangements require careful consideration of both Vietnamese family law and international conventions on child rights and custody.
Qualities to Look for in an International Divorce Attorney
When selecting legal representation, consider these essential qualities:
- Extensive experience handling international divorce cases in Vietnam
- Fluency in both Vietnamese and English
- Understanding of international law and conventions
- A strong network of legal professionals across relevant jurisdictions
When selecting legal representation for an international divorce in Vietnam, it’s crucial to choose a lawyer with extensive experience to help you navigate complex issues like custody, asset division, and enforcement of foreign judgments, ensuring that your case is managed efficiently and in compliance with international standards.
The Legal Process
Initial Consultation
During your first meeting, your attorney will:
- Assess your case’s specifics
- Explain applicable laws and procedures
- Outline potential strategies
- Discuss the expected timeline and costs
An initial consultation allows clients to discuss their legal issues with an attorney, who can then assess the case, explain legal procedures, develop a strategy, estimate costs, and build a strong client-attorney relationship. This initial meeting is essential for understanding the legal process and making informed decisions.
Document Preparation
Your attorney will help you prepare essential documentation, including:
- Valid passport or valid substitute paper
- Submission of divorce petition in Vietnamese (mutual consent divorce: the petition for the recognition be signed by both spouses/unilateral divorce: a divorce lawsuit petition must be prepared)
- The original marriage certificate and its certified Vietnamese translation are attached.
- Residence documentation: Vietnamese visa or residence card
- Financial documentation
- Child-related documents (if applicable)
- Evidence proving the agreement on divorce, child custody, and division of joint property between the spouses is valid and legal (if divorce by mutual consent)
- Evidence supporting divorce grounds (if divorce is requested by one spouse)
Cost Considerations
Understanding the financial aspects of international divorce is crucial for proper planning. Typical expenses include:
Attorney Fees
These fees can vary depending on the type of service, the lawyer’s experience, and the case’s complexity.
- Initial consultation fees: Lawyers charge this fee for the initial meeting to discuss your legal issue. It’s usually a flat fee, and it’s not refundable.
- Legal representation retainer: This is a deposit paid upfront to secure the lawyer’s services. It’s like a down payment, applied toward the lawyer’s hourly fees or other costs.
- Hourly billing rates: This is the most common way lawyers charge for their services. They bill you for the time they spend working on your case. The hourly rate varies depending on the lawyer’s experience, the type of case, and the location, however, you can negotiate this amount with your lawyer.
Court Costs
- Filing fees (Advance court fees): 300,000 VND (according to the List of Court Fees and Charges of Resolution 326/2016/UBTVQH14)
- Document processing charges: Varies based on complexity
- Translation expenses: 150.000 – 250.000 VND per page
- Notarization expenses: The fees vary depending on the type of document. (Article 4 of Circular 257/2016/TT-BTC, amended and supplemented by Article 1 of Circular 111/2017/TT-BTC)
Common Challenges and Solutions
International divorces often face specific challenges that require careful navigation:
Language Barriers
The legal proceedings in Vietnam are conducted in Vietnamese, and all documents need to be submitted in the local language. If the foreigner does not speak Vietnamese, this can create a communication barrier during the divorce process.
Solution: Work with attorneys and certified translators who can ensure accurate communication and proper document translation.
Document Authentication
Documents and procedures related to divorce, issued or authenticated by foreign authorities, may not align with Vietnamese regulations. This can complicate the process of recognizing and finalizing a foreign divorce decree in Vietnam
Solution: Engage legal professionals familiar with both Vietnamese and international document authentication procedures.
Property Division
The understanding and applying Vietnamese property laws may be different from foreign legal systems. Additionally, accurately valuing assets, especially cross-border ones, and dealing with fluctuating exchange rates can complicate the process. The enforcement of property division agreements across borders can also be difficult, and cultural differences may influence the division process as well.
Solution: Utilize experts in international asset valuation and division to ensure fair settlement across jurisdictions.
Conclusion and Next Steps
Successfully navigating an international divorce in Vietnam requires careful planning, expert legal support, and a clear understanding of the process. By working with qualified international divorce attorneys and following proper procedures, you can protect your rights and interests throughout the divorce process.
For more specific guidance on your situation, consider scheduling a consultation with a qualified international divorce attorney who can assess your case and provide personalized advice.
Head office: 14th floor, HM Town building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.
Phone number: +84 937215585
Website: hmlf.vn
Email: miller@hmlf.vn
