For those facing difficulties due to their unfamiliarity with divorce procedures when the other party is absent and living abroad, Bach Hoa XANH is here to guide you through the process.
1. How is a divorce handled when one spouse is living abroad?
According to Article 127 of the Law on Marriage and Family No. 52/2014/QH13, issued by the National Assembly, regarding divorce involving foreign elements:
- The divorce will be resolved by the competent authority of Vietnam between Vietnamese citizens and foreigners or between foreigners in Vietnam.
- At the time of the divorce request, if the Vietnamese citizen does not reside in Vietnam, the case will be resolved according to the law of the common residence of the couple or, if the couple does not have a common residence, according to Vietnamese law.
- Adhere to the laws of the foreign country when resolving asset disputes involving immovable property in that country.
Divorce procedures when one spouse is abroad are governed by Law on Marriage and Family No. 52/2014/QH13
Jurisdiction for divorce: According to Article 27, Clause 3 of Article 33, Point c, Clause 1 of Article 34, and Article 35 of the Law on Civil Procedure No. 24/2004/QH11, issued by the National Assembly, the place where your husband resides has jurisdiction over your divorce request.
Filing for divorce and attending court: According to Article 166, the plaintiff can file a lawsuit and submit evidence directly to the court or send it by postal service. The filing date is considered the date of submission to the court.
2. What are the divorce fees?
According to Resolution No. 326/2016/UBTVQH14, which stipulates divorce fees, the initial court fee for divorce without property disputes is 300,000 VND. If both parties agree to the divorce, each party pays half the fee, as per the Civil Procedure Code 2015.
When there are no property disputes, the initial court fee is 300,000 VND.
In case of property disputes, the following fees apply:
- For marital disputes up to 6,000,000 VND, the initial court fee is 300,000 VND.
- For disputes between 6,000,000 VND and 400,000,000 VND, the fee is 5% of the disputed property value.
- For disputes between 400,000,000 VND and 800,000,000 VND, the fee is 20,000,000 VND plus 4% of the property value (not exceeding 400,000,000 VND).
- For disputes between 800,000,000 VND and 2,000,000,000 VND, the fee is 36,000,000 VND plus 3% of the property value (not exceeding 800,000,000 VND).
- For disputes between 2,000,000,000 VND and 4,000,000,000 VND, the fee is 72,000,000 VND plus 3% of the property value (not exceeding 2,000,000,000 VND).
- For disputes exceeding 4,000,000,000 VND, the fee is 112,000,000 VND plus 0.1% of the property value (not exceeding 4,000,000,000 VND).
3. Can the child’s surname be changed to the mother’s without the father’s consent?
According to Article 7: “Conditions for Changing and Rectifying Household Registration Information” in Decree 123/2015/ND-CP:
- As per Clause 1, Article 26 of the Law on Household Registration, parental consent is required to change the surname of a minor under 18 years of age, and the consent of the child is also required if they are over 9 years old.
- Corrections to personal information in the household registration book are only made when there is sufficient evidence to determine that there was an error made by the civil status official.
The child’s surname can be changed to the mother’s with the father’s consent if the child is under 18.
4. How are divorce procedures with foreign elements carried out?
To initiate divorce procedures with foreign elements, you need to prepare the following:
- Divorce application with confirmation from the People’s Committee of the commune, ward, or town regarding your household registration and signature. Provide information about your marriage, such as where and when it was solemnized, as well as any marital conflicts. Additionally, you must disclose detailed information about your common children, property, and debts.
- Copy of birth certificates of common children.
- Copy of ID cards and household registration books of both spouses.
- Original marriage certificate. If you do not have the original, obtain confirmation from the People’s Committee of the commune, ward, or town where the marriage was registered.
Prepare the necessary documents to complete the divorce procedures with foreign elements.
