Divorce with foreign elements is one of the complicated types of cases in terms of procedures as well as in resolving property disputes. So when getting a divorce with a foreigner, what should you pay attention to?
Competence to settle divorce cases with foreigners
According to the provisions of Articles 37 and 39 of the Civil Procedure Code 2015 (CPC), the jurisdiction to settle divorce cases involving foreign elements falls under the jurisdiction of the People’s Court of the province where the defendant resides. , work, except for the divorce between a Vietnamese citizen and a citizen of a neighboring country residing in the border area, it will be settled by the People’s Court of the district where the Vietnamese citizen resides. The involved parties also have the right to agree with the Court where the plaintiff resides and works to settle. In case of consent to divorce, the court with jurisdiction is the court of one of the parties consenting to the divorce.
In addition, in case the plaintiff does not know the defendant’s place of residence and work, the plaintiff has the right to choose a competent court to settle. The court with jurisdiction here can be the Court where the defendant last resided or worked or the court where the defendant has property.
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File
When getting a divorce from a foreigner, you need to prepare the following documents:
– Application for divorce or Application for recognition of consent for divorce. Note, in case the signer is a foreigner, it must be certified by the Vietnamese embassy abroad (for Vietnamese) or certified by a competent foreign agency (for foreign nationals). foreign).
– Original marriage certificate. If the original marriage certificate is lost, a copy certified by a competent State agency must be submitted, but clearly stated in the petition.
– ID card or Passport; Passport (certified copy) of both parties.
– Copy of the child’s birth certificate (if there are children).
– Certified copies of vouchers and documents on property ownership (if there is a property dispute).
Certificate of marital status of husband and wife.
– Documents proving that one party is abroad (if any).
Time limit for divorce settlement with foreigners
According to the current CPC, the time limit for trial preparation is from 4 to 6 months from the date of acceptance of the case. judge.
Thus, the total time from accepting the case to the opening of the trial is from 5 to 8 months. However, the time to settle the case also depends on the cooperation of the parties as well as the content of dispute settlement of the two parties.
Source: According to kiemsat.vn
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