07/10/2022 08:33

05 judgments on divorce with foreigners in Vietnam

05 judgments on divorce with foreigners in Vietnam

Establishing marriage with a foreigner is no longer a new issue, but on the contrary, is increasing along with the trend of opening up, exchanging, and integrating. However, not all marriages are based on love. Some people just want to get out of poverty, get guaranteed to go abroad, but accept to marry someone they've only met a few times. And as usual, such marriages are often very brief and sometimes only last a few months, leading to an increasing number of divorce cases involving foreign elements in Vietnam

Here are 05 judgments on divorce disputes with foreigners in Vietnam, please read for reference:

1. Judgment 43/2020/HNGĐ-ST dated September 21, 2020 on divorce

- Level of trial: First instance

- Judicial body: People's Court of Da Nang city

- Quoting the content: “Mrs and Mr. Tang Perrie C voluntarily registered their marriage under Vietnamese law; was granted a marriage certificate by the People's Committee of Cam Le district, Da Nang city on July 24, 2018. After being married and living together in Da Nang for 2 months, Mr. C returned to the United States and she remained in Vietnam; Since then, Mr. C has never returned to Vietnam and she has not been able to go to the United States to meet him. After Mr. C returned to the US for about 07 months, there was a conflict between them because each person lived in different places, and their feelings gradually cooled down over time. So far, she has determined that there is no longer a husband and wife relationship, so her wish is to get a divorce from Mr. Tang Perrie C."

- Court's decision: Accepting the divorce request of Ms. Nguyen Thi Thanh B against Mr. Tang Perrie C.

2. Judgment 930/2020/HNGĐ-ST dated July 6, 2020 on divorce

- Level of trial: First instance

- Judicial body: Ho Chi Minh City People's Court

- Quote from the content: “Mrs. Nguyen Thi My T and Mr. S Steven were legally married in 2014, granted a marriage certificate by the People's Committee of Tien Giang province. After the marriage, Mr. S Steven returned to the country, so they only communicated through social networks and phone messages. Recently, Mr. S Steven is often jealous for no reason, insulting her honor on messages and social networking sites. On the other hand, many times when he returned to Vietnam, Mr. S Steven had another woman. She has repeatedly created conditions for healing so that the couple can reunite but to no avail. Realizing that the conflict could not be repaired for a long time, the marital status was serious, and the marriage purpose could not be achieved, so she asked the court to grant her a divorce from Mr. S Steven."

- Court's decision: Accepting the petition of Ms. Nguyen Thi My T: Ms. Nguyen Thi My T is entitled to divorce Mr. S Steven.

3. Judgment 24/2021/HNGĐ-ST dated 12/03/2021 on divorce

- Level of trial: First instance

- Judicial body: Hanoi People's Court

- Quote from the content: “Mrs. NTTH got to know Mr. SCD through a friend introduced in February 2008 during Mr. SCD's visit to Vietnam. During Mr. SCD's 1 month stay in Vietnam, they went to the Hanoi Department of Justice to register their marriage on March 18, 2008. Mr. SCD then returned to the US while Ms. NTTH still stayed in Vietnam to do procedures to apply for a visa but was refused a visa by the US Embassy in Vietnam. Since then, Ms. NTTH began to lose contact with Mr. SCD and Ms. NTTH determined that she has not lived with Mr. SCD since the time of marriage registration until now. They do not care about each other, the marriage purpose is not achieved. Therefore, Ms. NTTH proposed to the Hanoi People's Court settle Mr. SCD's divorce."

- Court's decision: Accepting Ms. NTTH's request for divorce. Ms. NTTH was granted a divorce and terminated her marriage relationship with Mr. SCD.

4. Judgment 65/2021/HNGĐ-ST dated May 13, 2021 on divorce application

- Level of trial: First instance

- Judicial body: Hanoi People's Court

- Quoting the content: "According to the petition, Mr. Casteret RH Jean RH presented: I and Ms. Phung Thi CT voluntarily found out and registered our marriage on January 4, 2011 at the Hanoi People's Committee. In the process of living together, because of the great differences in culture, language, opinion, and lifestyle, many conflicts arise between us. We tried to adjust our way of thinking and living habits, but could not reconcile the disagreements. From 2013 to now, we have lived separately, no one cares about anyone. I see that our marriage is not happy, there are serious conflicts, the marriage purpose is not achieved, so I ask the Court to grant us a divorce."

- Court's decision: Recognizing the consent of the divorce between Mr. Casteret RH Jean RH and Ms. Phung Thi CT. Mr. Casteret RH Jean RH and Ms. Phung Thi CT were terminated their marriage.

5. Judgment 433/2020/HNGĐ-ST dated March 31, 2020 on divorce

- Level of trial: First instance

- Judicial body: Ho Chi Minh City People's Court

- Quote from the content: “Mr. Do Ngoc V and Ms. Le Tatyana T voluntarily got married in 2016. After getting married, Mr. and Mrs. Le Tatyana T lived together for about 2 months. During their time together, Mr. and Mrs. Le Tatyana T often had conflicts due to disagreements on life and incompatible personalities. After that, Ms. Le Tatyana T returned to the US to live and work. Ms. Le Tatyana T did not carry out procedures to sponsor him to come to the US to live with her. Since Mrs. Le Tatyana T returned to the United States, Mr. and Mrs. Le Tatyana T no longer contact each other and no longer live together. Now, he realizes that the husband and wife's affection is no longer available, the possibility of reunification is not available, and the marriage purpose is not achieved, so he filed an application to the People's Court of Ho Chi Minh City to request a divorce from Ms. Le Tatyana T to have stable conditions for life.”

- Court's decision: Accepting the petition of plaintiff Mr. Do Ngoc V.

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Phuong Uyen
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