Judgment no. 17/2018/HNGD-ST dated april 2, 2018 on divorce petition involving foreign elements

PEOPLE’S COURT OF KIEN GIANG PROVINCE

JUDGMENT NO. 17/2018/HNGD-ST DATED APRIL 2, 2018 ON DIVORCE PETITION INVOLVING FOREIGN ELEMENTS

On April 2, 2018, the first-instance trial court was conducted at the office of People’s Court of Kien Giang province to hear the case No.09/2018/TLST-HNGD dated February 26, 2018 regarding a divorce petition involving foreign elements.  Pursuant to the Decision to hear the case under first-instance trial No. 09/2018/QDST-HNGD dated March 21, 2018. Parties concerned:

- Petitioner: Mrs. Nguyen Thi Cam L, born in: 1980 (present).

Address: 95 DD, VL Ward, RG City, Kien Giang Province.

Temporary residence: 56 (346), BVD, Ward A, District B, Ho Chi Minh City.

- Respondent: Mr. WILLEM ABRAM B, born in: 1958 (with Request for Trial in Absentia).

Address: 09 KAREEH P SO AFRICA.

Temporary residence: 56 (346) BV, Ward C, District D, Ho Chi Minh City.

THE CASE

Representation of Mrs. Nguyen Thi Cam L:

She and Mr. WILLEM ABRAM B got to know and loved each other before celebrating wedding in 2012. They registered marriage and were granted the marriage certificate dated October 19, 2012 by the People’s Committee of Kien Giang Province, included in the marriage register No. 234, volume No. 01/2012 dated November 2, 2011.

Early in marriage, they had lived happily together and had a common child named Briel Linh s, date of birth November 20, 2012. After that, they had regular conflicts and quarrels. Their conflicts came from their disbelief to each other and in finance; the conflict reaches its peak in September 2017. They cannot get a common voice in the life.

Now, deeming that their marriage is irretrievably broken, the purpose of marriage is not achieved. As for that reason, the petitioner filed for a divorce to request the following matters:

With reference to conjugal relationship: She asks for divorce from Mr. WILLEM ABRAM B.

With reference to common children: She claims custody of their child named Briel Linh S and does not require child support from Mr. WILLEM ABRAM B.

With reference to common property and liabilities: They mutually reach an agreement without requesting the Court to settle.

The respondent, Mr. WILLEM ABRAM B: He sent a Letter of Consent to Divorce from Mr. Nguyen Thi Cam L.

With reference to common children: Let Mrs. Nguyen Thi Cam L get the child custody of Briel Linh S. Although Mrs. L does not require the child support, with father love, he will voluntarily provide child support for Briel Linh S.

With reference to common property and liabilities: They mutually reach an agreement without requesting the Court to settle.

After consideration of the case files assessed and the adversarial process at the court hearing and relevant regulations of law.

CONSIDERING THAT

 [1] In terms of court procedures: The respondent, Mr. WILLEM ABRAM B, submitted a request for trial in absentia during the divorce proceedings with the petitioner, Mrs. Nguyen Thi Cam L. The request was notarized by Private Notary Office CL in District X, Ho Chi Minh City, so it is legally made. Therefore, the Trial Panel applies Clause 1 Article 227 of the Civil Procedure Code 2015 to hear the case in the absence of Mr. WILLEM ABRAM B.

 [2] In terms of content of the case: The marriage between Mrs. Nguyen Thi Cam L and Mr. WILLEM ABRAM B meets marriage conditions, they registered marriage at the competent authority and were granted the marriage certificate. Therefore, pursuant to Article 9 of the Law on Marriage and Family 2014, it is considered legal.

At the first instance court hearing, Mrs. L still upholds her petition for divorce from Mr. WILLEM ABRAM B because they only had lived happily together for a short time. After that, they often had regular conflicts and quarrels. Their conflicts came from their disbelief to each other and in finance; the conflict reaches its peak in September 2017. They cannot get a common voice in the life. As for that reason, she deemed that their marriage cannot last longer.

According to the statement dated March 9, 2018 of Mr. WILLEM ABRAM B, he gives the consistent testimony with Mrs. L in terms of conjugal relationship. Deeming that the couple have personalities so different that they cannot live together for a long time, if this marriage continues it only causes suffering for both.

As for legal aspect, the statement of Mr. WILLEM ABRAM B was confirmed by Nguyen Nhu A, English translator of TP Law Co., Ltd that it was correctly translated from English to Vietnamese, so it was legally made.

The Trial Panel considers that Mrs. L and Mr. WILLEM ABRAM B, after a short-term happy marriage, they had many financial-related conflicts. They had many quarrels and marital harmony which are irretrievably broken and did not take care of each other. Therefore their marital relationship does not meet requirements prescribed in Article 19 of the Law on Marriage and Family 2014 regarding spousal attachment. The Trial Panel has valid grounds to consider that the marriage between Mrs. Linh and Mr. WILLEM ABRAM B falls into bad situation, the duration of marriage cannot last longer, the purpose of the marriage is not reached, and moreover they both voluntarily consent to divorce. Therefore, after discussion and consideration, the Trial Panel reaches a consensus on accepting Mrs. Linh’s petition for divorce from Mr. WILLEM ABRAM B.

 [3] With reference to common children: Mrs. Nguyen Thi Cam L claims the physical custody of their child named Briel Linh S but does not claim child support. Mr. WILLEM ABRAM B accepts her claim. Thus, the Trial Panel grants the custody of Briel Linh S to Mrs. Linh.

Mr. WILLEM ABRAM B is the noncustodial parent, but he has the right of child visitation, nobody has the right to prevent Mr. WILLEM ABRAM B from doing this right as prescribed in Clause 3 Article 82 of the Law on Marriage and Family.

However, while Mrs. Linh takes care of Briel Linh S, if Mr. WILLEM ABRAM B discovers that Mrs. Linh has not provided good care for the child which negatively affects the future of Briel Linh S, Mr. WILLEM ABRAM B has the right to make a claim for change of custodial parent.

 [4] With reference to common property and liabilities: Mrs. L and Mr. WILLEM ABRAM B mutually reach an agreement without requesting the Court to settle.

 [5] With reference to court fee: apply to Clause 4 Article 147 of the Civil Procedure Code 2015 in Viet Nam.

Mrs. Nguyen Thi Cam L has to pay the first-instance civil court fee of VND 300,000, which shall be deducted from the advance of first-instance court fee.

Pursuant to documents and evidence mentioned above:

HEREBY DECIDES

Pursuant to Clause 1 Article 227, Article 28, Point a Clause 1 Article 37, Clause 4 Article 147, Point d Clause 1 Article 469, Clause 2 Article 479 of the Civil Procedure Code 2015.

Pursuant to Clause 1 Article 56, Clause 3 Article 82 of the Law on Marriage and Family 2014 in Viet Nam;

Resolution No. 326/2016/UBTVQH14 in Viet Nam of the Criminal Procedure Code and the Resolution No. 30/12/2016 dated December 30, 2016 on court fees and charges, exemption, reduction, collection, transfer, management and use thereof. - Hereby judges:

Accept the lawsuit petition of the Mrs. Nguyen Thi Cam L.

1. With reference to conjugal relationship: Mrs. Nguyen Thi Cam L is granted divorce from Mr. WILLEM ABRAM B.

2. With reference to common children: Grant the physical custody of Briel Linh S to Mrs. Nguyen Thi Cam L, Mr. WILLEM ABRAM B is not required to provide child support.

Mr. WILLEM ABRAM B is the noncustodial parent, but he has the right of child visitation, nobody has the right to prevent Mr. WILLEM ABRAM B from doing this right as prescribed in Clause 3 Article 82 of the Law on Marriage and Family.

However, while Mrs. L takes care of Briel Linh S, if Mr. WILLEM ABRAM B discovers that Mrs. Linh has not provided good care for the child which negatively affects the future of Briel Linh S, Mr. WILLEM ABRAM B has the right to make a claim for change of custodial parent.

3. With reference to common property and liabilities: Mrs. L and Mr. WILLEM ABRAM B mutually reach an agreement without requesting the Court to settle.

4. With reference to marriage and family first-instance court fee: Mrs. Nguyen Thi Cam L has to pay the first-instance civil court cost of VND 300,000, which shall be deducted from paid advance according to the court cost and fee payment receipt No.0001042 dated January 8, 2018 issued by the Department of Civil Judgment Enforcement of Kien Giang province (paid by Truong Cong C).  Mrs. L is not required to pay extra court fee.

5. Litigants may rightfully appeal this judgment within 15 days from the judgment announcement. Mr. WILLEM ABRAM B may rightfully appeal the judgment within 1 month from the day on which this judgment is served or publicly notified as per law provisions.

6. In case the judgment or court decision is enforced as per regulations in Article 2 of the Law on enforcements of civil judgments in Viet Nam, the judgment creditor and judgment debtor are lawfully allowed to reach an agreement on judgment enforcement, request judgment enforcement, be subject to voluntary execution or coercive judgment enforcement in compliance with regulations in Article 6, 7, 7a and 9 of the Law on enforcement of civil judgments, and the effective period of judgment enforcement shall comply within provisions in Article 30 of the Law on enforcement of civil judgments.