5 Actions to Take if Your Spouse Refuses to Sign Divorce Papers. 1. You Do Not Need Your Spouse's Consent to Obtain a Divorce. Long gone are the days when one spouse might need the other's consent to obtain a divorce. Now, consensual, or uncontested, divorces may be easier, but they are not required. You have the right to file for divorce The divorce rate in urban areas is a little higher than in rural areas - 2.6% compared to 2%. The proportion of the population aged 15 and over who have been married in Vietnam is 76.9%. Of that figure, the number of people who are still married makes up 67.7%. ONGC Videsh Ltd, the overseas arm of Oil and Natural Gas Corp (ONGC), has for the seventh time sought an extension to explore a Vietnamese oil block in the contested waters of the South China Sea.Officials said OVL has applied for a two-year extension to explore Block-128, the licence for which was valid till June 15, 2021. While India wants to maintain its strategic interest in the South Power of Attorney Power of attorney form to be filled at the Vietnamese consulate for the fiancé(e) in Vietnam. Biography Information Sheet You must fill out information about yourself and submit it to the Vietnamese consulate. Marriage Registration Application This application must be submitted at the Vietnamese consulate in order to be able to get married in Vietnam. Overview. In California, you get a divorce by starting a court case. No one has to prove someone did something wrong to cause the divorce (this is called no fault divorce ). You can get a divorce even if the other person doesn't want one. You can divorce to end a marriage or domestic partnership. A legal separation has a similar process, you . Does your spouse agree on the divorce?Is there any dispute of property ownership?a Current status of your family;b Your respective contribution to the creation, maintaining, and development of the property;c Your lawfully rights and interests;d Your respective fault in violation of wife/husband rights and obligations such as adultery; ande you have children? A misery moment, an escape, or just a “break up”, no matter how you describe a divorce, you must at least know how to end your marriage legally. These are three things you need to care about Does your spouse agree on the divorce? In Vietnam, procedure and jurisdiction for mutual consent divorce differs from the unilateral divorce one. For instance, under the Civil Procedure Code 2015, the Court where your spouse’s current or permanent address is located has jurisdiction over your unilateral divorce. While in mutual consent divorce, it can be your address. Maybe you’re interested in Procedure for unilateral divorce in Vietnam 2020 Procedure for unilateral divorce in Vietnam 2020 Is there any dispute of property ownership? Although agreeing on the divorce, you could struggle to reach an agreement on your properties division. You may request the Court to decide on such matter. In Vietnam, judges may base their decisions on your contribution to the properties in dispute, and consider many factors such as a Current status of your family; b Your respective contribution to the creation, maintaining, and development of the property; c Your lawfully rights and interests; d Your respective fault in violation of wife/husband rights and obligations such as adultery; and e Etc. Division of property does not necessarily mean physical division. The Court in Vietnam may award each of the spouses a percentage of the total value of the properties. For instance, in a 50/50 split, you are awarded the house accounting for 70% of the joint properties but you must pay your spouse an equivalent of 20% to make up for the difference. Maybe you’re interested in Division Of Property After Divorce in Vietnam And Everything You Need To Know Division Of Property After Divorce in Vietnam And Everything You Need To Know Do you have children? When you divorce, you will need to figure out where and with whom your children will live. Both of you should decide who will have legal responsibility for making decisions for them. You will also have to decide how they will be supported financially. If you and your spouse cannot agree on these issues, the Court will decide them for you. In Vietnam, to decide who has the right to child custody, the Court may consider many factors with respect to your children, such as the ability to raise them, financial status, etc. including the children’s opinion on the matter, if they are above 07 years old. If the children are below 36 months old, the mother will get the custody except the case when she cannot guarantee necessary care for them. If you are struggling to find a reputable law firm for consulting on divorce procedure in Vietnam, please contact us P & Associates is a professional law firm established in Vietnam and currently has nearly 100 members working at three offices in Ho Chi Minh City, Hanoi and Da Nang. P & Associates is also considered to be one of the leading law firms specialising in law on business in Vietnam, which has a number of notable practice fields in the legal market such as Labour and Employment Consulting, Banking and Finance Law, Taxes Consulting, Purchases, Selling and Merging, Dispute Resolution in Vietnam, and IPO advisory services. We are confident of bringing to you good consulting lawyers able to provide the most effective and utilizing solutions that suit your need. Just a few months after getting married, Nguyen Thu Trang knew that she had made a big mistake. But, in a Confucian society that places a high value on female obedience to men, she was fearful about how her family and friends would react if she sought a divorce. AP Wedding bands “Divorce is often seen as a black mark on a family and I worried about what people would say,” says the 24-year-old office worker from Hanoi. “When I told my mum what I wanted to do she cried every day, but I had to think of my own happiness.” Ms Trang, who went to university in Switzerland, is one of a rapidly growing number of young, professional Vietnamese women filing for divorce, emboldened by increasing financial independence and the shifting social values that have accompanied communist Vietnam’s integration into the global economy. She has since remarried and subsequently helped a number of her friends pluck up the courage to leave unhappy marriages. In many Asian countries, divorce rates have been rising as women become more economically independent and more willing to challenge traditional, socially conservative values. In China, the divorce rate has doubled in less than a decade, rising from per 1,000 people in 2002 to 2 per 1,000 people last year, according to government statistics cited in the state media Vietnam has also seen a particularly sharp rise in the number of divorces, which have increased by nearly 50 per cent since 2005, when legal reforms made it easier for couples to divorce in cases where there is mutual consent. While marriage remains the dominant social unit in Vietnam with per cent of people aged over 15 married or widowed and only per cent divorced, that figure is rising. There were 88,591 divorces last year in the country of 87 million people, according to the supreme court, a rapid increase from 79,769 in 2009 and 65,351 in 2008. This nascent social transformation is being driven by women, who make up the majority of divorce petitioners, with economic pressures, lifestyle differences, adultery and abuse cited as the main causes, according to social researchers. “Traditionally, Vietnamese women were expected to accept what befalls them,” says Tran Thi Van, assistant representative of the UN Population Fund in Vietnam. “But changes in their status and income have made modern Vietnamese women more independent and less influenced by tradition.” Rapid economic growth has created more opportunities for women to earn a good independent income, especially in urban areas, where divorce is far more prevalent. “Many of the cases I see involve younger people,” says one divorce lawyer. “Our open economy and society is leading to more westernised thinking.” He adds that while many Vietnamese men seek respite from a difficult marriage by visiting a brothel, for women the only way out is through divorce. The jump in the number of cases is flooding Vietnam’s inefficient court system and the government is considering a proposal to set up dedicated family courts, according to a legal official. In one recent high profile divorce, a court in Hanoi refused to rule on how one of the country’s wealthiest couples should divide their $500 million of assets, arguing that judgment should be made in a separate civil case. Researchers believe that the scale of marital problems in Vietnam is much worse than the official statistics suggest because enduring discrimination deters many women from leaving unhappy and sometimes abusive marriages. “Like with many of my friends, my husband cheats on me all the time but my mother says it is my own fault for not satisfying him and that I must keep the family together,” says one 32-year-old Hanoi businesswoman and mother of two. Vietnam’s socially conservative and overwhelmingly male leaders are concerned about the jump in divorce numbers, one of various social changes that threaten to undermine traditional control structures. In a typical example of government propagandists’ attempts to tackle the issue, local state-owned TV in the province of Hung Yen, bordering Hanoi, aired a talk show entitled “How to reduce the divorce rate” to mark Vietnamese family day on June 28. However, Nguyen Thanh Tam, a researcher at the Hanoi-based Institute for Family and Gender Studies, thinks officials are wrong to push back against divorce. “It won’t lead them anywhere,” she says. “How can you tell a 30-year-old to stay in a marriage when it has stopped functioning?” Rather than undermining Vietnam’s progress, Vo Thi Hao, an outspoken writer, argues that the growing cohort of empowered, divorced women will drive the country forward. “After divorce, women with a good education, a career and a good social network do much better because they are freed,” says the 55-year-old divorcee, who wrote a popular collection of short stories called 101 Stupid Mistakes by Men. She believes the divorce rate will continue to rise sharply as traditional social values ebb away. “Many of my friends say that staying in an unhappy marriage is like unpaid prostitution,” she says. “In Vietnam today, if it wasn’t for fears about the harm to personal reputation, up to 80 per cent of women would file for divorce”. Your access to this service has been limited. HTTP response code 503 If you think you have been blocked in error, contact the owner of this site for assistance. If you are a WordPress user with administrative privileges on this site, please enter your email address in the box below and click "Send". You will then receive an email that helps you regain access. Block Technical Data Block Reason Access from your area has been temporarily limited for security reasons. Time Sun, 11 Jun 2023 230934 GMT About Wordfence Wordfence is a security plugin installed on over 4 million WordPress sites. The owner of this site is using Wordfence to manage access to their site. You can also read the documentation to learn about Wordfence's blocking tools, or visit to learn more about Wordfence. Click here to learn more Documentation Generated by Wordfence at Sun, 11 Jun 2023 230934 computer's time . The Vietnamese authorities are the proper point of contact for registering a marriage in Vietnam. The information below is intended to be a general overview of known requirements for marriage registration in Vietnam. Requirements for registering a marriage can vary from locality to locality and are subject to change. Please contact the local People’s Committee where you or your fiancée live for more information. If you wish to reside in the United States with your foreign-national spouse or fiancée, your partner will need to apply for an immigrant visa. In general, marriages legally performed and valid abroad are also legally valid in the United States. Inquiries regarding the validity of a marriage abroad should be directed to the attorney general in your state of residence. You are not required to report your marriage to our office. The laws of Vietnam do not regulate marriages between two non-Vietnamese citizens, unless at least one of the two foreigners has permanent or temporary resident permit. We recommend that you check with the District Justice Office for guidance. Marriage Requirements under Vietnamese Law Marriage applications should be filed in person at the District People’s Committee where you live. If one individual is Vietnamese, Vietnamese authorities may require that the application be filed in the Vietnamese citizen’s district of residence. Requirements for obtaining a marriage certificate may vary by locality. The general requirements for a citizen partner are as follows Marriage application This form should be obtained from the Vietnamese District Justice Office at the District People’s Committee and must be signed in front of the People’s Committee civil status official. It should be filled out by one person using one pen. While the fee is set differently by each locality, the approximate cost of a marriage application is 1 million VND and must be paid in cash when picking up the marriage certificate. As of February 2021, in Hanoi and Ho Chi Minh City. Passport photo One 3×4 cm photo of each partner attached to the marriage application. citizen’s passport One notarized copy, which can be obtained at a Vietnamese public notary. Proof of address If the citizen resides in Vietnam, the apartment building where the citizen resides should request proof of residency from the police. Mental Health Certificate A written certification granted by a Vietnamese or competent foreign health organization within 6 months of the date the marriage application is submitted. The certificate must certify that the applicant does not have mental health conditions which render him/her incapable of making independent decisions. Please contact your local District Justice Office for specific instructions. Affidavit of Single Status The applicant can request this document from the civil registry in the state in which they reside or complete this affidavit at the Embassy/Consulate in Vietnam. The affidavit must be signed within six months of application for a marriage certificate. Applicants who were previously married must present an authenticated copy of the divorce decree or death certificate of the previous spouses. The notary fee at the Embassy/Consulate is $50 USD/document. You are required to make an appointment online for this service. Once notarized at the Embassy/Consulate in Vietnam, you must authenticate the notarized signature at the Vietnamese Consular Department at 40 Tran Phu, Ba Dinh District, Hanoi or External Relations Office at 184 bis Pasteur Street, District 1, Ho Chi Minh City before submitting this document as part of the marriage packet. vital statistics office letter This letter, issued by the state or local authorities of the applicant’s place of residence in the United States, should certify that no records of a marriage license or marriage certificate for the applicant exist. The search period must begin when the applicant was 18 and end at present day. **This requirement varies from locality to locality and may not be required. Additional Information Marriages in Vietnam must be registered within 15 days of the date the District Justice Office receives a complete marriage application. Cases which require police verification are eligible for a 10-day extension. All documents not in Vietnamese must have a certified translation into Vietnamese from either the Vietnamese Consulate/Embassy in the or a Vietnamese notary public or certified translator. Certified translation services may also be available at the District People’s Committee. Please consult the list of translators and public notary offices here. After the application is submitted and all fees paid, the District Justice Office may conduct a face-to-face interview to confirm that both parties are voluntarily entering the marriage and can communicate with one another. This requirement varies from locality to locality. If one of the partners holds Vietnamese citizenship, the Vietnamese citizen partner should consult with Vietnamese authorities about the requirements. Divorce means termination of the husband and wife relation under a court’s legally effective judgment or decision. Divorce lawyers in Vietnam will help advise if there are legal grounds to file for divorce in Vietnam or not. What is the condition of divorce? Firstly, we need to know about subjects being entitled to request divorce settlement. That is husband or wife or both having the right to request divorce settlement from a Court; a parent or other relatives has the right to request divorce settlement from a Court when the spouse is unable to perceive and control his/her acts due to a mental disease or another disease and is concurrently a victim of domestic violence caused by his/her spouse which seriously harms his/her life, health or spirit. In addition, a husband has no right to request a divorce when his wife is pregnant, gives birth or is nursing an under-12-month child. The divorce is divided into two cases, those are divorce by mutual consent and divorce at one party’s request. Conditions of divorce by mutual consent If both wife and husband request a divorce and both parties are really willing to divorce and have agreed upon the property division, looking after, raising, care for and education of their children on the basis of ensuring the legitimate interests of the wife and children, the court shall settle the divorce a court shall recognize the divorce by mutual consent; if the spouses fail to reach agreement or have reached an agreement which fails to ensure the legitimate interests of the wife and children, the court shall settle the divorce. Divorce at one party’ s request If a spouse requests a divorce and the conciliation at a court fails, the court shall permit the divorce if there are grounds to believe that a spouse commits domestic violence or seriously infringes of the rights and obligations of the husband or wife seriously deteriorates the marriage and makes their common life no longer impossible and the marriage purposes unachievable. When the spouse of a person who is declared missing by a court requests a divorce, the court shall permit the divorce. For a parent or other relatives’ request for a divorce mentioned above, a court shall permit the divorce if there are grounds to believe that the domestic violence committed by one spouse seriously harms the life, health or spirit of the other. Domestic violence acts is one of the important factors mentioned in unilateral divorce. Domestic violence acts and “serious condition, common life no longer impossible and the marriage purposes unachievable” are defined in Vietnam laws. For divorce involving foreigner or oversea Vietnamese, an important condition is permanent residence. First of all, marriage and family relation involving foreign elements means the marriage and family relation in which at least one partner is a foreigner or an overseas Vietnamese or in which partners are Vietnamese citizens but the bases for establishing, changing or terminating that relation are governed by a foreign law, or that relation arises abroad or the property related to that relation is located abroad. Two foreigners shall be settled a divorce in Vietnamese court if both of them reside permanently in Vietnam. However this is very rare. In case a partner being a Vietnamese citizen does not permanently reside in Vietnam at the time of request for divorce, the divorce shall be settled in accordance with the law of the country where the husband and wife permanently co-reside; if they do not have a place of permanent co-residence, the Vietnamese law could be applied. It is suggested to consult with divorce lawyers in Vietnam in the court proceeding to best protect the rights and interest especially involving property division and child custody. How divorce lawyers in Vietnam could help? In conclusion, divorce lawyers in Vietnam could help advise on the conditions to meet when filing for divorce in Vietnam. There are situations under Vietnam laws that it is not possible to file for divorce in Vietnam. For instance, two foreigners living in Vietnam might not be able to file for divorce in Vietnam because they do not permanently reside in Vietnam. There are situations that the wife is is pregnant, gives birth or is nursing an under-12-month child. Sometimes, it is not possible to locate the husband or wife because they go missing or disconnect or hide, hence it could be troublesome for the court to serve the divorce petition request. In such cases, the divorce lawyers in Vietnam could help advise and suggest solutions. How ANT Lawyers Could Help? Please click here to learn more about ANT Lawyers Marriage and Family or contact our lawyers in Vietnam for advice via email ant or call our office at +84 28 730 86 529

filing for divorce in vietnam