Divorce with Asset Disputes in a Different Province: Which Court Should the Petition Be Filed In?

At Section IV, Clause 1 of Document 01/2017/GD-TANDTC, the regulation states as follows:

"1. In divorce cases involving disputes over child custody and division of property where the plaintiff and defendant reside in two different locations, and the property in question is real estate located elsewhere, which court has jurisdiction to resolve the case?

In divorce cases involving disputes over child custody and division of property where there is a dispute over real estate, the jurisdiction of the court is determined according to the provisions at points a and b, Clause 1, Article 39 of the Civil Procedure Code 2015; specifically, it is the court where the defendant resides or works. In cases where the parties agree in writing to request the court where the plaintiff resides or works, then the court where the plaintiff resides or works has jurisdiction to resolve the case."

=> According to this regulation, in cases of divorce involving disputes over property located in a different province, the petition should be filed at the court where the defendant resides or works.

If the parties agree in writing to request the court where the plaintiff resides or works, then the court where the plaintiff resides or works has jurisdiction to resolve the case.

Therefore, if you reside in Tien Lang - Hai Phong, and your husband resides in Do Son - Hai Phong, with the real estate located in Hanoi, you should file the divorce petition at the People's Court of Do Son District (where the defendant, your husband, resides or works).

If you and your husband agree in writing to request the People's Court of Tien Lang District, then the People's Court of Tien Lang District has jurisdiction to resolve the case.

Sincerely!