In Vietnam, divorce is the termination of the husband and wife relationship according to a legally effective judgment or decision of the Court. Therefore, the husband and wife relationship is automatically legally terminated only when there is a legally effective judgment or decision of the Court. The judgment or decision of this Court will release the couples who can no longer live together so that each person can find a new life for himself.

1. What is a divorce lawyers in Vietnam?

To divorce in Vietnam, there are important things need to know when divorce in Vietnam. First, the involved parties need to know what divorce is in Vietnam.

Law on Marriage and Family 2014 has given the definition of divorce. According to Clause 14, Article 3 of the Law on Marriage and Family, divorce means termination of the husband and wife relation under the legally effective judgment or decision of the Court.

Thus, divorce is the termination of the husband and wife relationship according to a legally effective judgment or decision of the Court. 

Persons who have the right to request divorce lawyers in Vietnam are specified in Article 51 of the Law on Marriage and Family as follows: 

• Wife, husband or both 
• Parents, other relatives when one spouse cannot perceive and control his behavior is also the victim of domestic violence caused by the other person. 

In addition, the husband will not get a divorce when the wife is pregnant, giving birth or raising a child under 12 months old. But if the wife is pregnant, giving birth or raising a child under 12 months old, the wife has the right to ask the Court for a divorce. 

When the husband and wife decide to divorce, they shall follow lawsuit divorce procedures so that the Court can solve their problem.

2. The dossier for divorce with Vietnamese lawyers

There are two types of divorce in Vietnam. Depending on which case you are, the dossier for divorce with Vietnamese is different.

2.1. In case of divorce by mutual consent

+ The divorce letter requiring the competent court to recognize this relation;

+ The copy of marriage certificate;

+The copy of household certificate;

+ The certified copy of ID/PP of husband/wife.

+ A copy of the foreigner’s permanent residence card or temporary residence card;

+ Other documents and evidence attached.

2.2. In case of unilateral divorce

+ The lawsuit of unilateral divorce;

+ The copy of marriage certificate;

+ The copy of household certificate;

+ The certified copy of ID/PP of husband/wife.

+ A certified copy of the child’s birth certificate;

+ Copy of permanent residence card or temporary residence card of foreigners;

+ Other documents and evidence proving that the property requires division such as land use right certificates,…

Note: The documents granted by the foreign organization/ agency shall be consular legalized; translated into Vietnamese and certified/ authentic.

3. Current status of problems when carrying out divorce proceedings

In principle, the spouses or both have the right to request the Court to settle the divorce according to the provisions of Article 51 of the Law on Marriage and Family 2014. Accordingly, the parties, in addition to the right to request a divorce settlement, are also entitled to claim child custody, support obligations, division of common property, separate property, common debt, and personal debt.

Divorce Lawyers in Vietnam

4. Difficulties in divorce in Vietnam that Clients will encounter

Because there are so many overlapping relationships when dealing with a divorce case, the Court has to carry out a lot of legal procedures, starting from the stage of accepting applications, taking statements, collecting evidence, confirming property verification, asset valuation, etc., until the stage of organizing a few times of conciliation before the first-instance trial can be opened. But when the trial is opened, it is unlikely that it will be tried because there are many reasons for the Court to suspend the trial or postpone the trial to carry out the incomplete legal procedures. Therefore, a divorce case with a slightly complicated nature usually takes up to a year to complete the first instance trial. But not stopping there, the parties also have an appeal and the Procuracy also has an appeal to the superior court, on average it takes 4 to 6 months to complete.

Therefore, when you use the Fast Divorce Service of Nguyen Phat Law firm, you can shorten the resolution time of divorce significantly. Because we are lawyers with many years of experience in marriage and family cases, we will know where the issue is “closed”, and then will find a way to fix this “problem” so that the resolution time will be the shortest.

Divorce Lawyers in Vietnam

5. Works that Nguyen Phat Law Firm will support Clients

The work of our Lawyers to support Fast Divorce clients includes:

• Advising clients on divorce procedures and legal consequences after the couple has divorced;
• Advising the client when the client wins custody of the child and requires the other party to perform the support obligation;
• Advising clients on procedures for property division during the marriage, including the common property of husband and wife, separate property, joint debt, and separate debt;
• Prepare divorce petition;
• Prepare documents and evidence to be submitted to the Court;
• Join the client at working sessions at the Court or work with the other party to agree on issues in the divorce case;
• Appoint a lawyer to participate in the court hearing to protect the interests of the client.
• Assist clients in requesting the enforcement of legally effective divorce judgments.

The above is the entire work related to the Fast Divorce Consulting service of Nguyen Phat Law Firm, we promise that when you use this divorce service, the case will be shortened. The decision is very significant, it will be very helpful for Clients whose work is far away from the Court or Clients who are in urgent need of marriage to build a new family life.

6. For further information, contact us:

Nguyen Phat Law Firm Hanoi

Address: No. 21A, Lane 158, Nguyen Khanh Toan, Quan Hoa, Cau Giay, Hanoi

Nguyen Phat Law Firm Ho Chi Minh

Address: 469/1/68, Ward 6, Go Vap District, Ho Chi Minh City
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Tel: (+84) 1900.633.390
Email: luatnguyenphat107@gmail.com
Website: https://luatnguyenphat.vn/