When marital life is no longer harmonious and the purpose of marriage cannot be fulfilled, divorce often becomes the necessary solution that many couples choose. In recent years, the number of divorce cases has increased significantly, especially those involving foreign parties. Among them, many couples choose mutual consent divorce due to its simplicity and lower stress. However, carrying out this procedure requires a clear understanding of legal regulations in Vietnam.
In this article, BLawyers Vietnam focuses on clarifying some issues regarding mutual consent divorce with foreign parties.
Overview of mutual consent divorce with foreign parties
According to Article 3.14 of Law on Marriage and Family 2014 (“LOM 2014”), divorce is the termination of the marital relationship based on a legally effective judgment and decision of the Court. Mutual consent divorce is a case where both spouses request a divorce after reaching an agreement on all issues, including marital relations, child custody, support, and property division (or agreeing to separate the property division into another case after the divorce).
To be considered a “mutual consent divorce with foreign elements“, the parties must fall under one of the following cases:
- At least one party involved is a foreigner or a Vietnamese citizen residing abroad; or
- The marital and family relationships between the participating parties are Vietnamese citizens, but the basis for establishing, changing, or terminating that relationship is governed by foreign law and arises abroad; or
- The property related to that relationship is located abroad.
Thus, Vietnamese law has detailed and specific provisions regarding the grounds for determining mutual consent divorce with foreign elements.
1. Conditions for mutual consent divorce with foreign parties
To be considered a mutual consent divorce, according to Article 55 of LOM 2014, the parties must fully satisfy the following conditions:
- Both parties truly voluntarily agree to the divorce; and
- Both parties have reached an agreement on the division of property, and the care, upbringing, and education of the children based on ensuring the legitimate rights and interests of the wife and children.
However, it should be noted that, although the law respects the spouses’ right to negotiate the division of property, as well as the care, upbringing, and education of the children, these agreements must comply with legal regulations, legal prohibitions and social ethics.
2. Legal consequences of mutual consent divorce with foreign parties
Concerning personal relations, upon the effective date of the court’s decision recognizing the mutual consent to divorce, the marital relationship is legally terminated, and the parties cease to be husband and wife.
Concerning property relations and child custody, upon divorce, the spouses are entitled to reach mutual agreements regarding the division of marital assets, custody arrangements, and the rights and obligations of each party toward their children. The court shall give precedence to resolve property and custody matters in accordance with the parties’ agreement.
3. Courts with jurisdiction to resolve mutual consent divorce with foreign parties
According to Article 127.1 of LOM 2014, divorces between Vietnamese citizens and foreigners, as well as between foreigners residing in Vietnam, shall be resolved by the competent authorities of Vietnam.
According to the Civil Procedure Code 2015 (“CPC 2015”), disputes or requests involving parties or assets abroad, or that require judicial assistance from the representative agency of the Socialist Republic of Vietnam abroad, or from foreign courts or authorities, fall under the jurisdiction of the provincial people’s court, as stipulated in Articles 35.3 and 37.1.c of CPC 2015.
Since mutual consent divorce is agreed upon and negotiated by both spouses, the court where one of the parties to the mutual consent divorce resides or works has the jurisdiction to resolve requests for the recognition of mutual consent divorce, child custody agreements, and property division upon divorce.
Therefore, when opting for mutual consent divorce, the two parties can agree to go to the provincial or central city people’s court where either the wife or husband resides to complete the procedure.
The above is not official advice from BLawyers Vietnam. If you have any questions or suggestions about the above, please contact us at info@blawyersvn.com. BLawyers Vietnam would love to hear from you.
Date: 10 December 2024
Writer: Thao Luu
