Lessons from Court Rulings: Property Disputes After Divorce Involving Foreign Elements

Understanding Property Disputes After Divorce Involving Foreign Elements

What is a property dispute with foreign elements?

Divorce involving foreign elements arises when one or both parties are foreign nationals or when the disputed assets are located abroad. For example: the wife is a Vietnamese expatriate, the husband is a foreign national; or the assets are located overseas but the parties are residing in Vietnam. This is a legally complex area that requires determining the appropriate jurisdiction, the applicable law (Vietnamese law – the 2014 Law on Marriage and Family; the 2015 Civil Procedure Code), and sometimes involves coordination with third-party countries.

Principles for determining jurisdiction when foreign elements are involved

Vietnamese law clearly stipulates:

• For domestic real estate: the provincial court where the property is located has jurisdiction.

• For consensual divorces: the couple can choose the court based on the residence of either party if convenient.

• For unilateral divorce when one party lives in a border area: district-level courts may also have jurisdiction.

Additionally, if the case requires verification abroad, the petitioner may need to pay a judicial entrustment fee of around VND 200,000.

Practical Experience & Precedent Rulings That Help Protect Your Rights

Real-life rulings that offer valuable lessons

Judgment No. 05/2022/HNGĐ-PT – misuse of gold/loan for real estate conversion

In a post-divorce dispute between Mr. Tr and Ms. O, Ms. H (a Vietnamese expatriate) brought gold from abroad and transferred land use rights. The court determined that the use of land, mortgage with the bank, and declaration of ownership indicated the asset had become part of the marital estate.
Lesson: Merging personal property into common use can lead to it being treated as marital property. Therefore, parties should clearly separate assets and retain independent evidence during the marriage.

Appellate judgment No. 17/2019/HNGĐ‑PT (Ho Chi Minh City)

A divorce between a Vietnamese and a foreign party. The court affirmed jurisdiction in Tien Giang Province due to shared assets originating in Vietnam.

Judgment No. 33/2022/HNGĐ‑PT (Hanoi)

Le Anh M voluntarily waived asset division during divorce, but later sued to have the court redistribute past shared finances. Despite the initial consensual divorce, the court accepted the new lawsuit and divided the assets according to standard regulations, ensuring rights under Article 59 of the Law on Marriage and Family.
Lesson: Divorce agreements must be clear, specific, and well-documented. Otherwise, they can be challenged later and potentially reversed.

Legal Solutions – Evidence Compilation & Strategic Advice

Compiling persuasive evidence & taking effective legal action

1. Keep evidence organized and clear

• Documents related to personal property (e.g. assets brought from abroad), transfer papers, separate asset agreements.

• Documents proving there was no intention to merge personal assets with marital assets, such as personal donation contracts, separate financial records, and transfer documents.

2. Transparent assessment from the beginning

• Clearly define which assets are joint or separate when the court handles consensual or unilateral divorce.

• When foreign elements are involved, confirm jurisdiction, prepare consular verification, judicial entrustment, and determine the verification costs.

3. Reasonable litigation strategy

• File for divorce with a request for property division if no prior agreement exists.

• If the divorce was consensual but joint assets were not resolved: file a separate suit after the divorce decree.

• Be mindful of the appeal deadlines (15 days from the court ruling, or 10 days for consensual divorce).

4. Choosing the right court

• For real estate: choose the province where the property is located.

• For Vietnamese expatriates or foreigners residing abroad: generally, select the court in the province where the Vietnamese party resides; however, this can be based on mutual agreement for consensual divorce.

• For overseas assets, prepare authentication/consular certification procedures.

• Avoid cases being returned due to incorrect jurisdiction determination, as seen in the case of "Mr. V."

Conclusion

Property disputes after divorce involving foreign elements in Vietnam are complex but manageable if you:

• Prepare transparent documents from the beginning,

• Determine the correct jurisdiction for resolution,

• Retain evidence of personal property,

• Apply smart asset division strategies that align with the law and practical conditions.

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