Divorce With a Foreign Spouse because of Loss of Contact

Divorce with a foreign spouse because of loss of contact frequently occurs in marriages involving foreign elements. In practice, many marriages between a Vietnamese citizen and a foreign national encounter a situation where one spouse leaves Vietnam and communication stops for a long period. In such circumstances, the remaining spouse may wish to terminate the marital relationship but may not understand the legal procedure because communication with the other party cannot be established. Contact Apolo Lawyers – Solicitors & Litigators via Hotline (+84) 903 419 479 or Email contact@apolo.com.vn for quick and effective support.

1. Definition of Divorce Involving a Foreign Element

According to Article 127 of the Law on Marriage and Family 2014, divorce involving a foreign element refers to a divorce between a Vietnamese citizen and a foreign national, or a divorce between foreign nationals who permanently reside in Vietnam. Resolution occurs before a competent authority of Vietnam in accordance with provisions of this law.

The law also provides guidance in another situation. If a Vietnamese citizen does not maintain permanent residence in Vietnam at the time of a divorce request, divorce resolution follows legal regulations of the country where the spouses maintain a common permanent residence. If a common permanent residence does not exist, resolution follows Vietnamese law.

Therefore, divorce between a Vietnamese citizen and a foreign national constitutes divorce involving a foreign element. When one spouse requests termination of marriage, the procedure normally proceeds under a unilateral divorce process.

Divorce With a Foreign Spouse because of Loss of Contact

2. Possibility of Divorce With a Foreign Spouse because of Loss of Contact

Under Vietnamese law, divorce with a foreign spouse after loss of contact remains possible if the requesting party provides evidence demonstrating that communication with the husband or wife cannot occur.

In many situations, the case proceeds as unilateral divorce involving a foreign element. During case consideration, the court normally reviews several legal factors:

• A valid marriage registration exists.
• One party currently resides abroad, or residence location cannot be determined.
• The requesting party attempted communication but received no response.

If an address of the foreign national cannot be identified, the court may conduct public notice posting and continue case resolution in the absence of the other party in accordance with civil procedure regulations.

In addition, if absence continues for a prolonged period, the remaining spouse may request a court declaration of missing status. After such a declaration, divorce procedures may continue in accordance with Vietnamese legal provisions.

3. Divorce Procedure When Communication With a Foreign Spouse Cannot Occur

When a spouse seeks divorce with a foreign national after loss of contact, several basic procedural steps normally apply.

Step 1: Preparation of Divorce Documents

A standard dossier generally includes:

• Unilateral divorce petition
• Original marriage registration certificate
• Identification card, citizen identification card, or passport of the requesting party
• Household registration book or confirmation of residence
• Birth certificate of children, if applicable
• Documents demonstrating inability to establish communication with the foreign national

If the marriage registration certificate becomes unavailable, a certified extract copy may be requested from the civil status authority where marriage registration occurred.

Step 2: Submission to a Competent Court

In most situations, jurisdiction belongs to a provincial level court within the Court of People system of Vietnam when the case involves a foreign element.

The requesting party normally submits the dossier to the court located at the place of residence or workplace.

Step 3: Court Acceptance and Case Resolution

After dossier receipt, the court may conduct several procedural actions:

• Verification of information related to the foreign national
• International judicial entrustment if an address abroad exists
• Public notice posting when residence location cannot be identified

If participation of the foreign national does not occur during proceedings, the court may still conduct a trial and issue a judgment in the absence of that party according to civil procedure regulations.

4. Time Required for Divorce Involving a Foreign Element With Loss of Contact

Divorce cases involving a foreign element and loss of contact often require more time than ordinary domestic divorce cases. Additional procedures such as residence verification and delivery of legal documents may be necessary.

Typical timelines include the following:

• Case resolution may require approximately six months to more than one year.
• International judicial entrustment may extend the process further.
• If no address of the foreign national can be determined, the court may conduct public notice posting and proceed with trial in the absence of the other party.

To reduce processing time, the requesting party should prepare a complete dossier and provide as much information as possible regarding the foreign national, including nationality, previous residence address, passport information, or workplace details. Legal assistance from a divorce lawyer may also support a smoother procedure, protect legal rights and interests, and reduce time and cost during case resolution.

Divorce With a Foreign Spouse because of Loss of Contact

5. 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.

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