Divorce from a foreign national who is missing or whose whereabouts are unknown.

Considering divorce from a foreign spouse whose location is unknown? Review jurisdiction, address evidence and the distinction between absence and missing status.

Divorce cases involving foreign nationals are already complicated, but divorcing a foreign national who is missing or whose address is unknown is even more difficult. How can the court process a case when the defendant address cannot be determined? What is the procedure for public notice? Jurion & Partners will provide detailed guidance on the legal process to help you quickly free yourself from this deadlocked marriage.

Is it possible to divorce when the whereabouts of the foreign spouse are unknown?

The answer is YES.

According to Vietnamese law, the right to freedom of marriage includes not only the right to marry but also the right to divorce. When one spouse is a foreign national who has returned to their home country, cut off contact with their Vietnamese spouse, or intentionally conceals their address, the other spouse has the right to request a unilateral divorce from the court.

However, this case will be divided into two main scenarios:

Scenario 1: The foreigner has left but there has not yet been a decision by a Vietnamese court declaring them missing.

Scenario 2: The foreigner has already been declared missing by a Vietnamese court in accordance with the law.

Jurisdiction of the Court

File with the competent court identified under the current Civil Procedure Code and court structure. A foreign element, a place of marriage registration or a former address does not alone identify the correct court. Verify international and territorial jurisdiction before submitting the request.

File with the competent court identified under the current Civil Procedure Code and court structure. A foreign element, a place of marriage registration or a former address does not alone identify the correct court. Verify international and territorial jurisdiction before submitting the request.

3. Divorce Procedure When the Address of the Defendant is Unknown
Since the address of the defendant is unavailable for serving documents, the court will follow a special procedure as follows:

Step 1: Filing and Acceptance
The plaintiff files the application at the competent Regional People’s Court. After checking the application, the court will issue a notice to the plaintiff to pay the advance court fees.

Step 2: Address Verification
The court will request the plaintiff to provide the last known address of the defendant. If the current address cannot be determined, the court will conduct verification procedures through the import/export agency or diplomatic agencies.

Step 3: Public Posting and Announcement in the Mass Media
This is the most important step. The court will proceed with:

• Posting copies of the lawsuit and procedural documents at the courts headquarters and the Peoples Committee of the commune where the defendant last resided.
• The required verification, service or public-notice procedure depends on the legal status of the spouse and the facts. Loss of contact does not automatically establish a declaration of missing status. Ask the court which steps and proof are required before relying on a timetable.

Step 4: Trial in Absence
After the notification period expires (usually 1 to 4 months depending on the type of judicial assistance), if the defendant still does not respond, the Court will proceed with a trial in absentia as stipulated in Article 227 of the 2015 Civil Procedure Code.

The required verification, service or public-notice procedure depends on the legal status of the spouse and the facts. Loss of contact does not automatically establish a declaration of missing status. Ask the court which steps and proof are required before relying on a timetable.

• Cost of judicial assistance: In cases where it is necessary to send a notice abroad through diplomatic agencies, you will have to bear the cost of judicial assistance as stipulated by the Ministry of Finance.
• Child and property issues: if there are disputes over child custody or property division abroad, the procedures become extremely complex and require the specialized intervention of a lawyer.
• Child and property issues: if there are disputes over child custody or property division abroad, the procedures become extremely complex and require the specialized intervention of a lawyer.

How legal support can help

• Advice on the right to request the Court to settle divorce;
• Advising on conciliation procedures at the grassroots level;
• Advise on divorce proceedings;
• Advising on grounds for divorce;
• Advising on regulations on consent divorce and divorce at the request of one party;
• Advice on principles of the property division upon divorce and procedures for property division;
• Advice on divorce settlement procedures at the Court.

>>> Read more: Custody of Children Under 36 Months in Divorce Cases and Legal Provisions 

>>> Read more: Consensual Divorce In The Absence Of A Spouse