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Divorce with the missing person

Unilateral Divorce 16/09/2022

In case the husband or wife has been missing for a long time, does the other spouse have the right to request a unilateral divorce in the absence of the other? In the following article, Apolo Lawyers - Solicitors & Litigators (Tel: (+84) 903.419.479) will provide information related to divorce with the missing person.

Procedures to carry out divorce with the missing person is quite complicated and time-consuming. Law on marriage and family stipulated this issue clearly. 

1. What is divorce? 

According to Clause 14, Article 3, Law on Marriage and Family 2014; divorce is defined following: 

“Divorce means termination of the husband and wife relation under legally effective judgment or decision of the Court.” 

Thus, it can be understood that when the judgment or decision of the Court is legally effective, the husband and wife relation will be terminated. 


2. Types of divorce: 

Law on marriage and family 2014 stipulates 02 types of divorce. Specifically: 

2.1 Consensual divorce: 

According to Article 55, Law on marriage and family 2014: 

“When both spouses request a divorce, a court shall recognize the divorce by mutual consent if seeing that the two are really willing to divorce and have agreed upon the property division, looking after, raising, care for and education of their children on the basis of ensuring the legitimate interests of the wife and children. If the spouses fail to reach agreement or have reached an agreement which fails to ensure the legitimate interests of the wife and children, the court shall settle the divorce.” 

This is the form when both husband and wife decide to divorce and have reached an agreement on the division of property, looking after, raising, caring for, and educating children. Accordingly, when applying for a voluntary divorce, both husband and wife must sign it.

2.2. Unilateral divorce: 

According to Article 56, Law on marriage and family 2014: 

“When a spouse requests a divorce and the conciliation at a court fails, the court shall permit the divorce if it has grounds to believe that a spouse commits domestic violence or seriously infringes upon the rights and obligations of the husband or wife, which seriously deteriorates the marriage and makes their common life no longer impossible and the marriage purposes unachievable.

When the spouse of a person who is declared missing by a court requests a divorce, the court shall permit the divorce.

For request for a divorce under Clause 2, Article 51 of this Law, a court shall permit the divorce if it has grounds to believe that the domestic violence committed by one spouse seriously harms the life, health or spirit of the other.” 

Unilateral divorce is also known as divorce at the request of one party. This is a form in which a husband or wife requests a divorce when they see that their married life can no longer be maintained, the marital relationship is in serious condition due to domestic violence or because the other person violates his/her obligations...

Divorce with the missing person is one of unilateral divorce cases. 

>>> Read more: How long does a unilateral divorce take?

>>> Read more: Unilateral divorce procedures in Vietnam

3. Divorce in case of the spouse is declared missing. 

Divorce with a missing person is a special procedure. Therefore, before asking for a unilateral divorce with the missing person, you need to carry out the following procedures: 

First, ask the Court to declare the missing person

A person is only considered missing when approved by the decision of the Court. Therefore, before filling for divorce, you need to go through the procedures to ask the Court to declare missing. 

The Court will conduct the verification and carry out the procedures for notifying the missing person. After completing all procedures for notification of search and public posting, but still no information about the missing person, the Court will issue a decision declaring that person missing. 

Second, file the document for a unilateral divorce request. 

After receiving the decision to declare the person missing, you proceed to the next step, which is to file a petition for unilateral divorce to the Court.  

At this time, the Court will process your application and will handle your unilateral request within 02 - 06 months. 

The unilateral divorce with the missing person takes a lot of time and complicated procedures. Therefore, it is extremely necessary to ask a reputable and experienced lawyer to assist you in this, saving you time, effort and cost. Apolo Lawyers - Solicitors & Litigators is proud to have a team of lawyers with extensive experience in resolving unilateral divorce with missing persons who will best support you in this case. 


4. How can Apolo Lawyers - Solicitors & Litigators help you in this case? 

Specifically, after receiving all the information and documents provided by the client, our lawyers will conduct the following tasks:

  • Research all information and records provided by the client.

  • Consult, and discuss with clients the content of the file and the request to be resolved.

  • Compose and prepare documents, they are necessary and correspond to the lawsuit request of the clients.

  • Appointing Lawyers to work with the Court and in working sessions to protect the rights and interests of clients. 

  • Represent the clients to work and resolve all the problems relating to the divorce of clients. 

  • Publicize the processing of records, and regularly update information with clients so that the parties can monitor the work together.

For further information, please contact us via email at or Hotline: (+84) 903.419.479