Ly hôn có yếu tố nước ngoài là vấn đề mang tính phức tạp khi giải quyết không chỉ đối với các bên đương sự mà còn đối với Toà án giải quyết. Bài viết dưới đây sẽ đưa ra khái quát quy định pháp luật Việt Nam về vấn đề này.
Các trường hợp cụ thể của ly hôn có yếu tố nước ngoài
Giữa công dân Việt Nam với người nước ngoài (người nước ngoài là người không có quốc tịch Việt Nam);
Giữa người nước ngoài với nhau thường trú ở Việt Nam;
Giữa người Việt Nam với nhau nhưng kết hôn và được công nhận ở nước ngoài;
Giữa vợ, chồng là công dân Việt Nam nhưng đang không cùng thường trú ở Việt Nam hoặc cùng thường trú ở nước ngoài tại thời điểm yêu cầu ly hôn (đơn yêu cầu giải quyết ly hôn ngày 1/2/2019 giữa: Chị A là công dân Việt Nam hiện cư trú ở Quận Hoàng Mai, Hà Nội và Anh B là công dân Việt Nam trước cư trú tại quận Hoàng Mai, Hà Nội nay đi xuất khẩu lao động sang Hàn Quốc từ năm 2015);
Tài sản là bất động sản liên quan đến việc ly hôn đang ở nước ngoài. (Tranh chấp ly hôn giữa chị A và anh B đều là người Việt Nam về việc phân chia tài sản chung là mảnh đất tại bang California, Mỹ)
Luật áp dụng
Theo điều 127 và điều điều 122 Luật Hôn nhân và Gia đình số 52/2014/QH13 của Quốc hội hiện hành về ly hôn có yếu tố nước ngoài thì:
Thứ nhất, trong trường hợp bên là công dân Việt Nam không thường trú ở Việt Nam vào thời điểm yêu cầu ly hôn thì việc ly hôn được giải quyết theo pháp luật của nước nơi thường trú chung của vợ chồng; nếu họ không có nơi thường trú chung thì giải quyết theo pháp luật Việt Nam.
Thứ hai, việc giải quyết tài sản là bất động sản ở nước ngoài khi ly hôn tuân theo pháp luật của nước nơi có bất động sản đó.
Thứ ba, trong trường hợp điều ước quốc tế mà Cộng hoà xã hội chủ nghĩa Việt Nam là thành viên có quy định khác với quy định của Luật Việt Nam thì áp dụng quy định của điều ước quốc tế đó hay điều ước quốc tế có dẫn chiếu về việc áp dụng áp pháp luật nước ngoài thì pháp luật nước ngoài được áp dụng. Nghĩa vụ chứng minh pháp luật nước ngoài khi áp dụng sẽ thuộc về Toà án giải quyết vụ án.
Điều kiện để Toà án Việt Nam giải quyết ly hôn có yếu tố nước ngoài
Thứ nhất, nếu hai bên kết hôn tại Việt Nam, sau đó vợ hoặc chồng xuất cảnh sang nước ngoài (không tìm được địa chỉ) phải có xác nhận của chính quyền địa phương về việc một bên đã xuất cảnh.
Thứ hai, nếu hai bên đăng ký kết hôn theo pháp luật nước ngoài muốn ly hôn tại Việt Nam thì phải hợp thức lãnh sự giấy đăng ký kết hôn và làm thủ tục ghi chú vào sổ đăng ký tại Sở Tư pháp rồi mới nộp đơn xin ly hôn, trường hợp các bên không tiến hành ghi chú nhưng vẫn muốn ly hôn thì trong đơn xin ly hôn phải trình bày rõ lý do không ghi chú kết hôn.
Bên cạnh đó, đối với trường hợp ly hôn đơn phương vắng mặt có yếu tố nước ngoài phải có giấy xác nhận và ủy thác về sự vắng mặt của Đại sứ quán. Tòa án sẽ thụ lý vụ án và giải quyết theo pháp luật Hôn nhân và Gia đình. Thời gian có thể kéo dài từ 6 tháng tới 1 năm. Trong khoảng thời gian này, Tòa án sẽ gửi văn bản tới Đại sứ quán của bị đơn về việc Ủy thác tư pháp để có thể giải quyết vụ việc theo hướng Ly hôn đơn phương vắng mặt có yếu tố nước ngoài.
Thẩm quyền giải quyết ly hôn có yếu tố nước ngoài
Về thẩm quyền theo cấp Tòa án: những vụ việc ly hôn có yếu tố nước ngoài (có một bên ở nước ngoài hoặc tài sản ở nước ngoài) thì thẩm quyền giải quyết thuộc Tòa án nhân dân cấp Tỉnh giải quyết (điều 36 BLTTDS 2015).
Riêng đối với trường hợp đặc biệt được quy định tại khoản 4 Điều 35 BLTTDS 2015, nếu việc ly hôn diễn ra với công dân Việt Nam cư trú ở khu vực biên giới với công dân nước láng giềng cùng cư trú ở khu vực biên giới với Việt Nam thì thẩm quyền thuộc Tòa án nhân dân cấp huyện.
Về thẩm quyền của Tòa án theo lãnh thổ: Tòa án nơi bị đơn cư trú, làm việc, nếu bị đơn là cá nhân hoặc nơi bị đơn có trụ sở, nếu bị đơn là cơ quan, tổ chức (Điều 37 BLTTDS 2015)
Tuy nhiên, nguyên đơn vẫn được lựa chọn Tòa án giải quyết theo quy định tại khoản 1, điều 40 BLTTDS 2015 khi không biết nơi cư trú của bị đơn hoặc bị đơn không có nơi cư trú.
Thời hạn giải quyết
Thời gian giải quyết vụ án tùy thuộc vào nội dung yêu cầu giải quyết của vụ việc.
Thời hạn chuẩn bị xét xử: Từ 4 đến 6 tháng kể từ ngày thụ lý vụ án.
Thời hạn mở phiên tòa: Từ 1 đến 2 tháng kể từ ngày có quyết định đưa vụ án ra xét xử.
Án phí
Theo quy định tại Nghị quyết 326/2016/UBTVQH14 thì mức án phí sơ thẩm trong vụ việc ly hôn là 300.000 đồng nếu không có tranh chấp về tài sản hay giá trị tài sản tranh chấp thấp hơn 6.000.000 đồng; nếu có tranh chấp về tài sản, án phí được xác định theo giá trị tài sản.
Trên đây là bài viết tư vấn về “Quy định của pháp luật Việt Nam về ly hôn có yếu tố nước ngoài” của Công ty Luật TNHH Apra. Quý khách còn thắc mắc về các vấn đề nêu trên và cần được giải đáp, vui lòng liên hệ số hotline được tư vấn và hỗ trợ.
______________________________________
Mọi thông tin yêu cầu tư vấn xin vui lòng liên hệ:
CÔNG TY LUẬT TNHH APRA
Địa chỉ: Tầng 7, số 57 Trần Quốc Toản, phường Trần Hưng Đạo, quận Hoàn Kiếm, thành phố Hà Nội, Việt Nam.
Email: info@apra.vn
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The flat dumbbell bench press is a powerhouse exercise for
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Mix this with balanced diet, good recovery, and complementary workout routines, and you’ll be nicely on your way to reaching a stronger, fuller chest.
Paused bench presses are used in powerlifting to stop guys
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However there are additionally some potential muscle-building benefits to the pause that you just may wish to take advantage of.
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For a visual guide to underhand chest entrance raises, check out this
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the worldwide scientific neighborhood has responded positively
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The categories proceed into advanced and elite, but these numbers are primarily from enhanced athletes who reside within the gym based
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So, whether or not you want a program to enhance your performance in your
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C. On an exhale, press the dumbbells away from chest,
straightening arms so the dumbbells are immediately
over shoulders. Both Mike and Marc take turns repping out dumbbell presses, and you may see they hit a wall pretty
quickly regardless of being enormously jacked.
This ought to provide you with a sense of how exhausting this challenge will be for
a daily lifter. Personally, I break up the difference at 190lbs, but have been understanding for 8+ years.
100lb dumbbells are unwieldy, but getting 6-8 reps for 4-5 sets is something I can do.
It will take apply and willpower, but it’s a objective that
can be achieved for many lifters in time. It’s not necessary
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You can perform bodyweight chest workout routines in the form of various
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Additionally generally identified as flat DB bench press or dumbbell chest press, this train works on your total pectoral development.
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arms. By various the angle of your bench press, you presumably can goal completely different
muscle groups and get a more complete exercise. Subsequent, let’s look at the muscle tissue worked by every variation of the dumbbell bench press.
When choosing the right weight for the dumbbell
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If you’re unable to finish eight repetitions, the load is merely too heavy.
Watch this video from Joshua for a better concept of
the means to perform this train. It can be utilized as a supplementary exercise, a shoulder-friendly option,
or an alternative during damage restoration. Assuming approach is spot on, Push-Ups additionally are probably to extra “shoulder friendly,” as a end result of the shoulder blades are allowed to maneuver freely.
However your shoulder blade should move if you throw, especially when your arm is overhead.
To see what I imply, take your shirt off, stand with your again to a mirror and lift your arm straight overhead.
So, the shoulder has to deal with some important forces throughout baseball games.
Dumbbell bench press challenges are numerous objectives or exams that an athlete can complete.
They are a way for athletes to push themselves to accomplish more in the weight room.
If you’re ready to dominate the dumbbell bench press, you must
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eight to 12 repetitions. The athlete ought to full
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It includes urgent a barbell or pair of dumbbells from your upper chest
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tone the muscles of the higher physique, together
with the chest, arms, and shoulders. Although the main benefit of a dumbbell bench press is that it provides you
a bigger vary of movement that you just don’t get with a barbell, Matheny mentioned.
“With dumbbells, you can transfer freely in house, making it easier on your shoulder joint,” he said.
The hex press improves muscular separation, definition, and total body composition whereas focusing
on the chest muscular tissues. The hex press also promotes the expansion of lean muscle mass, the breakdown of fats, and the development
of a stronger mental-muscular connection, all enhancing urgent energy.
Hex presses are a wonderful train for anybody with shoulder issues while doing bench presses.
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