Easterners have always considered "the family is the seed of society", so the protection of the marriage in the legislative matter is always respected. However, in a modern society, divorce is not always a social problem but it is sometimes the best solution to an unhappy marriage.
1. For Vietnamese citizens who are in the country applying for divorce with Vietnamese citizens who have gone abroad (defendants), the court shall make the distinction as follows:
a) If the foreign defendant can be contacted through their relatives, the court will through the relative abroad to send the defendant's statement and asks them to respond to the case. statements or documents necessary for the settlement of the divorce. Based on the testimonies and documents received, the court settles in accordance with the general procedure.
b) If there is no contact with the defendant abroad, the court shall issue a decision suspending the case, explaining to the plaintiff that they have the right to initiate a lawsuit requesting the district People's Court of the place where they permanently reside to announce that the defendant missing or dead. This is the basis for the termination of marriage.
c) If there are grounds to show that the defendant's relatives know but do not provide the address or information of the defendant to the court and do not comply with the request of the court (in the first section), this is considered a case of Intentionally hide the address, refuse to provide information. Asked the second time but their relatives still refused to cooperate, the court brought the case to trial in the absence of the defendant in accordance with the general procedure. After the trial, the court shall immediately send to the defendant's relatives a copy of the judgment or decision and at the same time post up the copy of the judgment or decision at the office of the commune-level People's Committee at the last residence of the defendant, so that the involved parties may exercise their right to appeal according to the provisions of the procedural law.
2. Overseas Vietnamese marry foreigners and their marriage has been recognized in Vietnam. Now return home and foreigners applying for divorce
>> See also: Marriage law consultancy services with foreign elements
- If the foreigner (the plaintiff) is applying for a divorce from Vietnamese who is still a Vietnamese citizen and resides in Vietnam, the court shall accept the case as follows: Citizens of countries where Vietnam has signed a judicial assistance agreement, the treaty will be applied (if the agreement is different from domestic law), or the 2000 Law on Marriage and Family will apply (unless otherwise stated). Where the plaintiff is a citizen of a country where Vietnam has not yet signed a judicial assistance agreement, the 2000 Law on Marriage and Family shall apply. In both cases, the settlement of the property is the real estate property in a foreign country where the divorce complies with the law of that country. In cases where the Vietnamese nationality is no longer in Vietnam, the court will not accept the case even if they are residing in Vietnam. This does not fall under the jurisdiction of the Vietnamese court.
3. Vietnamese citizens in Vietnam applying for divorce from foreigners residing abroad
- There are many cases where foreigners after marriage with Vietnamese in Vietnam have gone abroad and not returned. If a person in the country applies for a divorce, the court verifies the address of the defendant abroad in order to obtain a testimony. If no contact can be made and the foreigner does not contact his spouse within one year or more, the court considers that the defendant deliberately concealed the address. The lawsuit for the divorce is settled in the defendant's absence.
In addition, clients can be counseled through email, direct consultancy at the office or the online legal consultancy call center: 1900.6162
4. The Legal Benefits of Marriage Law Counseling Services Through the Call Center: 1900.6162
After more than 10 years of development, Minh Khue Law is proud to be the pioneer and always leading in the past years in the field of family law marriage online counseling. The reason for the rapid and sustainable development in providing marriage legal counseling services is because the service has brought back many benefits to clients such as:
+ Immediately solve the problem: The problem in marriage is often the secret issues, difficult to say such as dividing the property, custody, inheritance dispute ... Sometimes a client can encounter problems that make him/her cannot eat, sleep well for weeks. But you can rest assured, just after a phone call you will feel relieved and have appropriate legal behavior, ensuring the interests of you and your families.
+ Save time, effort and travel expenses: With just one phone call and ask questions about your problems, clients are quickly responded by a team of lawyers, legal experts who have rich experience and are always dedicated to the clients.
+ Not obstructed by distance: Every citizen living in Vietnam from urban to rural areas, from mountainous to island areas can easily connect with lawyers;
+ Flexible counseling time: We provide 24/7 counseling and answer every legal problem, even the smallest.
5. Contents and Scope of Family Law Counseling Lawyer through call center: 1900.6162
The call center: 1900.6162 is advising and answering all legal issues in the field of marriage and family, including but not limited to the following areas:
- Advising and guiding new legal policies in the field of marriage and family;
- Consultancy on procedures and conditions for marriage registration between Vietnamese citizens and the issue of marriage to foreigners;
- Advising legal issues on the establishment of common property, private property, inheritance between family members;
- Counseling and answering treatment of adultery or violation of the regime of single spousal marriage according to regulations;
- Counseling, answering, guiding the issue of divorced consent, unilateral divorce, divorce when one party removes or obstructs the divorce;
- Advising and answering the problem of division of common property, private property, inheritance as well as general and separate debt repayment obligations;
- Counseling and answering disputes over child custody and child support issues;
- Appoint lawyer to counsel and represent parties to carry out divorce proceedings and settlement of disputes in court.
Minh Khue Law Firm counsels and participates in solving other specific legal requirements in the field of marriage and family.
6. Guidance on how to use the lawyer services of marriage and family law through the call center: 1900.6162
It is simple, you just use the mobile phone or landline to call immediately: 1900.6162 Then listen to greetings and follow our instructions. Our lawyers, legal consultants are always ready to listen and answer all questions of customers in the field of marriage, whether it is the smallest.
You can also schedule a consultation at Minh Khue Law Office (Address: Room 2007, 20th Floor, C2 Building, Vincom Tran Duy Hung, Tran Duy Hung Street, Trung Hoa Ward, Cau Giay District, Hanoi): 1900.6162 (then press 0).
Apart from marriage and family We also support many other specialized legal issues:
- Civil inheritance legal consultancy call 1900.6162 press 3;
- Land law consultancy call 1900.6162 press 4;
- Tax law consultancy call 1900.6162 press 5;
- Labor law, social insurance law consultancy call 1900.6162 press 6;
- Enterprise law consultancy call 1900.6162 press 7;
- Foreign investment law consultancy call 1900.6162 press 8;
- Intellectual property right consultancy call 1900.6162 press 9;
- Legal consultancy service at the office/headquarters of Minh Khue Law Firm. Call 1900.6162 (Address: Room 2007, 20th Floor, C2 Building, Vincom Tran Duy Hung, Tran Duy Hung Street, Trung Hoa Ward, Cau Giay District, Hanoi. Cabinet). For clients who can come directly to the lawyer, please call: 1900.6162 press 0 to schedule a direct meeting with a lawyer.
Translated from: Luật sư tư vấn thủ tục ly hôn với người nước ngoài
Add: Room 2007, 20th Floor, C2 Building, Vincom Tran Duy Hung, Tran Duy Hung Street, Trung Hoa Ward, Cau Giay District, Hanoi
>> See also: Family law consultancy online via call center