Comprehensive Consulting Services for Divorce Cases Involving Foreign Elements

Facing one of the most significant decisions in life, we understand that the divorce process—particularly in cases involving foreign elements—requires professional legal support. With dedication and a mission to serve as a bridge, we offer comprehensive divorce consultation services, specifically designed to assist couples in international divorce cases in completing the procedures swiftly and effectively.

The following article has been reviewed and advised by Lawyers at Trung Hieu BKC Law Firm.

Types of Divorce Cases under Vietnamese Law

Under Vietnamese law, based on the parties’ intentions, divorce cases are classified into two specific types as follows:

– **Mutual-Consent Divorce:** This occurs when both husband and wife jointly request termination of the marital relationship through a mutual-consent divorce petition. Mutual-consent divorce is based on the voluntary agreement of both parties. In addition, the parties have reached agreement on property division, child custody and support (if applicable), and such agreements do not violate the law.

– **Unilateral Divorce (Single-Party Divorce):** Unlike mutual-consent divorce, unilateral divorce occurs when one spouse wishes to terminate the marriage while the other does not consent, or when both spouses wish to divorce but cannot reach agreement on matters such as child custody, child support after divorce, division of common marital property, or common debts incurred during the marriage.

General Provisions on Divorce Involving Foreign Elements

What is Divorce Involving Foreign Elements?

Pursuant to Article 127 of the Law on Marriage and Family 2014, divorce cases involving foreign elements include situations where at least one party is a foreign national, or one or both parties are Vietnamese citizens residing abroad, or the marriage was performed abroad, or the case involves other foreign-related factors.

In cases where a Vietnamese citizen is not habitually resident in Vietnam at the time of filing for divorce, the divorce shall be resolved according to the law of the country where the spouses have their common habitual residence; if they have no common habitual residence, it shall be resolved according to Vietnamese law.

The division of immovable property located abroad shall comply with the law of the country where such immovable property is situated.

Documents Required for Divorce Involving Foreign Elements

To proceed with divorce resolution, the applicant must prepare and submit a divorce file to the competent Court. The file for divorce involving foreign elements includes:

• Divorce petition;
• Marriage certificate (original copy);
• Personal identification documents of husband and wife: Citizen Identity Card; ID Card; Passport (certified copies);
• Household registration book of husband and wife; Temporary residence registration; Temporary residence card of the foreign national in Vietnam (certified copies);
• Birth certificates of common children (certified copies);
• Documents proving common property and common debts;
• In cases where one spouse has left Vietnam and their current address abroad cannot be determined, a certificate confirming the spouse’s departure issued by the local authority is required.

How Long Does Divorce Involving Foreign Elements Take?

The duration for resolving divorce cases involving foreign elements depends on numerous factors, making it extremely difficult to specify an exact timeframe. The necessary period to complete the process may range from several months to several years, depending on the specific circumstances of each case:

· Mutual-consent divorce involving foreign elements: Approximately 1–4 months;

· Unilateral divorce involving foreign elements: First-instance level approximately 4–6 months (may be longer if the defendant is absent, there are property disputes, etc.). Appellate level 3–4 months (if an appeal is filed);

· Cases involving absence of a party: Approximately 12–24 months.

Benefits of Comprehensive Divorce Services Involving Foreign Elements

1. In-depth legal knowledge and procedural understanding: This service helps you gain a clearer understanding of the divorce process and relevant legal regulations concerning international divorce cases, enabling you to avoid potential legal risks.

2. Reduced stress and emotional burden: The divorce process is often accompanied by significant stress and anxiety. Professional consultation services provide psychological and emotional support, helping you navigate difficulties more smoothly.

3. Effective financial management: Divorce can significantly impact your finances. This service assists you in understanding property and debt division, ensuring you avoid unnecessary financial losses.

4. Protection of your rights and interests: The consultation service acts as your representative during negotiations with the other party, ensuring your rights and interests are vigorously protected and prioritized. It also supports negotiation and resolution of issues such as property division disputes and child custody disputes.

5. Time and effort savings: Instead of handling all procedures yourself, you can entrust the matter to legal experts, saving considerable time and effort.

6. Multilingual and cross-cultural support: If you or the other party do not speak the local language fluently, this service provides translation and interpretation assistance to ensure clear communication and avoid misunderstandings.

These benefits make fast-track divorce services and comprehensive packages for international divorce cases a reliable and highly valuable option for individuals facing complex divorce proceedings.

Comprehensive Divorce Consultation Services Involving Foreign Elements at BKC Law

With a team of seasoned lawyers possessing extensive experience, solid legal expertise, and strong bilingual consultation capabilities, BKC Law is confident in being one of the leading legal partners in the market for marriage and family-related services, particularly fast-track divorce consultation services and divorce cases involving foreign elements.

For free consultation on marriage and family law at BKC Law, as well as support for fast-track divorce procedures to protect your legitimate rights and interests, please contact our Lawyers using the following information:

Telephone: 0901 3333 41

Email: info@bkclaw.vn

District 1 Office: 34 Le Duan Street, District 1, Ho Chi Minh City / 41 Ten Lua, Binh Tan District, Ho Chi Minh City

Binh Tan Office: 9th Floor, Diamond Plaza Building, 34 Le Duan Street, District 1, Ho Chi Minh City