Divorce when both spouses are abroad but married in Vietnam: How to do it without flying back home

In today context of international integration, many Vietnamese couples marry in Vietnam but later move abroad to live, work, or settle. When the marriage is no longer happy, many people wonder, if both spouses are abroad, can they still get a divorce in Vietnam? Is it mandatory for them to return to Vietnam to attend the court hearing?
In fact, Vietnamese law allows for divorce proceedings even when both spouses are abroad, even if they cannot physically return to Vietnam to participate in the litigation. Through the article below, Apolo Lawyers will help you understand how to get a divorce in Vietnam when both spouses are abroad without having to fly back to the country.

1. Can a divorce be settled in Vietnam when both spouses are abroad?

According to the 2014 Law on Marriage and Family and the 2015 Code of Civil Procedure, divorce disputes with foreign elements still fall under the jurisdiction of Vietnamese courts in certain cases. Specifically, Vietnamese courts will have jurisdiction to handle divorce cases if:

• The couple legally married in Vietnam
• One or both parties are Vietnamese citizens
• The marriage was established under Vietnamese law

Therefore, even if both spouses are living abroad, they still have the right to request a Vietnamese court to settle the divorce if the marriage was previously registered in Vietnam.
For divorce cases with foreign elements, the jurisdiction usually belongs to the provincial People Court. Generally, the competent court will be:

• The court where one of the spouses last resided in Vietnam, or
• The court where the marriage was registered, if the place of residence cannot be determined.

However, if you are a Vietnamese citizen residing in a border area and wish to divorce a citizen of a neighboring country (Laos, Cambodia, China) also residing in the border area, the jurisdiction will belong to the People Court at the commune level where you reside.

Divorce when both spouses are abroad but married in Vietnam: How to do it without flying back home

2. Is it mandatory to return to Vietnam for a divorce?

One of the biggest concerns for many couples living abroad is whether they need to fly back to Vietnam to attend a divorce trial.

According to the 2015 Civil Procedure Code, parties are not required to attend the trial in person if there is a valid reason.
In cases where both spouses are abroad, they can choose to:

• Authorize a lawyer in Vietnam to participate in the proceedings
• Submit a request for trial in absentia
• Complete the procedure through consular legalization

Thus, in principle, the parties can completely carry out the divorce procedure in Vietnam without having to return to the country in person.

3. How to carry out the divorce procedure when both spouses are abroad

To get a divorce in Vietnam when both parties are abroad, the steps usually include:

3.1. Preparing Divorce Documents

Divorce documents typically include the following basic papers: Divorce petition, Marriage certificate, Copy of passport or citizen identification card, Birth certificate of the child (if any), Documents related to joint property (if there is a dispute) and Address of the party abroad. 

Documents prepared abroad need to be legalized by consular authorities and notarized translations before being used in Vietnam.

3.2. Sending Documents to Vietnam

After preparing all the necessary documents, the parties can:

• Send the documents directly to the competent court
• Or authorize a lawyer in Vietnam to submit the documents

Authorizing a lawyer significantly reduces processing time and minimizes errors in the documents.

Divorce when both spouses are abroad but married in Vietnam: How to do it without flying back home

4. Apolo Lawyers – Solicitors & Litigators provides consulting services on divorce procedures

Our company provides fast unilateral divorce services in Ho Chi Minh City, such as:

• Advice on the right to request the Court to settle a divorce;
• Advising on conciliation procedures at the grassroots level;
• Advice 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.

Hopefully, with the information we shared above, Apolo Lawyers – Solicitors & Litigators has helped you better understand the cases in which a unilateral divorce is not allowed. In order for the divorce to be resolved quickly, the divorce petitioner can conduct the divorce procedures by himself or ask for a divorce procedure consulting service. When coming to the divorce procedure consulting service at Apolo Lawyers, with a team of knowledgeable legal consultants, they regularly guide and prepare divorce documents.

Divorce is quite a complicated procedure. If you still have any questions, do not hesitate to contact Apolo Lawyers – Solicitors & Litigators. Hotline: (+84) 903. 419. 479 and Email contact@apolo.com.vn to be supported and helped in the most optimal way.

>>> Read more: Resolving Spousal Relationships in Unilateral Divorce

>>> Read more: Can a Pregnant Wife Get a Divorce in Vietnam?