DIVORCE WHILE ABROAD: LEGAL PROCEDURES AND REGULATIONS IN VIETNAM

Living outside Vietnam does not answer whether a Vietnamese court can handle a divorce. Jurisdiction, the other spouse's location and the documents available must be reviewed before deciding how proceedings can be started and how each spouse may participate.

Divorcing when one spouse is abroad is not only a difficult decision but also fraught with legal risks. In todays context of international integration, many Vietnamese people are facing this problem.

Divorcing when one spouse is abroad is not only a difficult decision but also fraught with legal risks. In today context of international integration, many Vietnamese people are facing this problem. In this article, Jurion & Partners will help you clearly understand the legal regulations and related procedures in Vietnam when you want to divorce when your spouse is abroad.

Can I divorce someone who is abroad?

Divorce when one spouse is abroad is completely feasible. The law does not limit the right of spouses to request a divorce when one party is abroad. Accordingly, Clause 2, Article 127 of the Law on Marriage and Family regulates divorce with foreign elements as follows: "In case the party is a Vietnamese citizen who does not permanently reside in Vietnam at the time of requesting a divorce, then Divorce is resolved according to the law of the country where the couple permanently resides; If both do not have a common permanent residence, it will be resolved according to Vietnamese law." Thus, spouses who are abroad can still request a divorce. In this case, the divorce is resolved according to the law of the country where the couple permanently resides. If husband and wife do not have a common permanent residence, the matter will be resolved according to Vietnamese law.

If both parties agree to end the marital relationship, both can carry out the procedure to request recognition of an uncontested divorce. If the spouse commits an act of domestic violence or seriously violates the spouses rights and obligations, causing the marriage to fall into a serious situation, life together cannot last, the purpose of marriage is If not, you have the right to request a divorce even though the other person is not currently in Vietnam according to unilateral divorce procedures.

Authority to resolve divorce when spouse is abroad

Identifying the competent court under the current rules

Divorce procedures for people living abroad

Step 1: Prepare Documents

• Application for divorce or Unilateral divorce application (According to form);

• Marriage certificate (Original). In case there is no original copy of the Marriage Registration Certificate, confirmation must be obtained from the Commune Peoples Committee where the marriage was registered;

• Identity card/citizen identification card/passport; identity and current residence information required for the case of husband and wife (Authenticated copy);

• Joint birth certificate if there is a child together (Authenticated copy);

• Documents proving common assets (if there is a property dispute);

• Application for trial in absentia.

A lawyer can advise, prepare documents and help protect lawful rights within the agreed scope of work. Vietnamese civil procedure restricts representation by authorisation for the divorce itself, so a spouse should not assume that a power of attorney replaces required personal participation. Assistance with other matters must be assessed separately under the applicable rules.

Step 2: The court accepts the application, considers it in accordance with its authority and legal regulations, then issues a notice of advance payment of court fees to the applicant. The applicant pays the court fee advance and submits the court fee advance receipt to the Court. The court accepting the divorce case issues a notice of acceptance of the case to the procuracy at the same level and the defendant (related person).

Step 3: The court proceeds to resolve the case according to legal procedures.

How legal advice can assist

Step 1: Receive customer information, records and documents related to divorce.

Step 2: Transfer the customers request to the Jurion & PartnersBar Council to receive and quote the agreed service fee.

Step 3: The customer and the law firm Jurion & Partners sign a legal service contract and pay fees according to the initial agreement;

Step 4: A qualified lawyer will be in charge of researching and consulting on divorce handling plans; Analyze for customers the advantages and disadvantages of each option as well as how to implement it;

Step 5: Jurion & Partners will continue to notify the processing progress according to the method selected above and advise on further solutions until the dispute is completely resolved.

For support and legal advice on related issues, customers can