Property and Child Custody Disputes in Divorce with a Chinese Husband

What to Know About Property Disputes in Divorce with a Chinese Husband?

Example of a Real Court Judgment – No. 893/2022/HNGĐ-ST (Hanoi City)

Judgment No. 893/2022/HNGĐ-ST dated June 21, 2022, between Ms. Le Doan Thuy T (Vietnam) and Mr. Wang, D (China), was tried at the People's Court of Hanoi City. The result: the court granted the divorce, determined child custody, and as there were no joint assets or debts, no property division was made.

Key Points from This and Other Cases:

• Jurisdiction:
  Divorce cases involving foreign elements (where the spouse is Chinese) fall under the jurisdiction of provincial-level courts.

• Determining Joint Property:
  If there are no joint assets or if the parties do not dispute them, the court will not rule on property division (as in Judgment 893/2022).

• Division of Property When There is a Clear Dispute:
  For instance, Judgment No. 03/2023/HNGĐ-ST (Ha Nam) and others show that when joint property is clearly defined, the court usually splits it 50/50, unless there are valid grounds for a different ratio.

• Foreign and Domestic Assets:
  If assets are located in China or personally owned by the Chinese husband, they may not be considered joint assets in Vietnam unless transparent documents are provided, such as legalized and translated paperwork.

What Should Be Prepared When Divorcing a Chinese Husband?

Key Documents and Evidence

• Marriage Certificate:

  • If registered in Vietnam: provide the original.

  • If registered in China: must be legalized and notarized with a certified translation.

• Personal Identification and Residence Documents:
  National ID/passport, and certified copies of temporary residence documents.

• Evidence for Unilateral Divorce (if applicable):

  • Domestic violence: police reports, witnesses.

  • Lack of financial/emotional support.

  • According to Article 56 of the Law on Marriage and Family 2014 and Articles 35, 37, 39 of the Civil Procedure Code 2015, concrete evidence is required.

• Joint Property Documentation:
  Documents proving property acquired during the marriage, such as land use certificates, purchase agreements, bank confirmations, and transfer contracts.

• Foreign Property Documentation:
  Agreements, tax records, notarized valuations—otherwise, the court may disregard them.

• Power of Attorney & Interpreter:
  If the husband is absent, a notarized and legalized power of attorney is required by law.

Court Procedures in Vietnam

• Filing the Petition:
  Submit to the provincial court where either spouse resides, in accordance with Article 39 of the 2015 Civil Procedure Code.

• Case Acceptance – Trial Preparation:
  The process may take 4–6 months.

• Mediation Session:
  If reconciliation fails, the court will issue a divorce ruling.

• First-Instance Trial:
  The court will determine child custody, alimony, and divide assets according to the law (typically 50/50 or as reasonably agreed upon); also determines court fees and any late payment interest.

• Appeal:
  Must be filed within 15 days from the date of the judgment; otherwise, the ruling becomes legally enforceable.

Practical Experience

Tips to Protect Property and Children

• Collect Evidence Early:

  • Keep all documents relating to marital property.

  • Photos, recordings, and police reports if domestic violence occurred.

• Prepare Foreign Documents:

  • Clearly differentiate between separate and joint property.

  • Legalize and translate any Chinese property documents.

• Flexible Property Division Strategy:

  • Propose that the court maintain current asset ownership and require financial compensation in complex disputes.

• Have a Lawyer Accompany You:

  • Help with petition drafting, document preparation, and courtroom representation to minimize costs and time.

• Clearly Identify the Court and Long-Term Rights:

  • Provincial courts are the competent authorities for such cases.

Conclusion

Property and custody disputes during divorce from a Chinese husband in Vietnam are not simple – but with careful preparation, complete evidence, and the support of a skilled lawyer, you can fully protect your rights to both your children and your assets. Take note of Judgment No. 893/2022/HNGĐ-ST – a representative case that, although without joint property, clearly illustrates legal procedure and child custody rulings.

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