How to get a divorce when a spouse lives in another country?

Divorce means termination of the husband and wife relation under the legally effective judgment or decision of a court. Spouses can divorce when the conflict in marriage is getting worse and can not be solved, marriage can not last, and the purpose of marriage is not achieved. However, who has the right to request a settlement of divorce?

1. Who has the right to request a settlement of divorce?

According to Article 51 of the Law on Marriage and family:

Husband or wife or both has or have the right to request a court to make a settlement of divorce.

A parent or another next of kid of a spouse has the right to request a court to make a settlement of divorce when the spouse is unable to perceive and control his/her acts due to a mental disease or another disease and is concurrently a victim of domestic violence caused by his/her spouse which seriously harms his/her life, health or spirit.

Note: a husband has no right to request a settlement of divorce when his wife is pregnant, gives birth, or is nursing an under-12-month child.

2. Divorce when a spouse lives in another country

According to Article 51 of the Law on Marriage and family 2014, the wife, husband, or wife and husband have the right to request the Court to settle their divorce. Therefore, the spouses have the right to unilaterally request the Court to settle the divorce or jointly request the settlement of the divorce by mutual consent.

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.

2.1. In case one party is in Vietnam and the other party settles or resides abroad, depending on each specific case to be considered for a divorce settlement in the spirit of Article 2, Section II of Resolution 01/2003/NQ-HDTP.

In case a Vietnamese in Vietnam file a petition for divorce or request a Court to recognize consent divorce with a Vietnamese but resides abroad, a court will settle the divorce according to Article 2.1, section II Resolution 01/2003/NQ-HDTP as follows:

• For cases where judicial entrustment brings no result because the respondent lives in exile, is not managed by any agency, has no clear address, and, therefore, is uncontactable, the Court shall request the next of kin of respondent to send to the respondent the testimony of claimant and advise his/him to send to the Court his/her testimony or documents necessary for the settlement of the case. Then, the Court may base itself on such testimonies and documents to conduct a trial according to general procedures.
• If the respondent lives abroad without any address and information (even his/her next of kin have no idea about his/her address or information), the Court shall issue a decision to temporarily stop the settlement of the case under the provision at Point c, Clause 1, Article 45 of the Ordinance on Settlement of Civil Cases and explain to the claimant that he/she is entitled to request the District Court of the place where he/she permanently resides to declare the respondent missing or dead under the law provisions on the declaration of missing persons or declaration of dead persons.

In Official Dispatch No. 253/TANDTC-PC of the Supreme People Court guiding the above case where the plaintiff can only provide the last residential address of the defendant in Vietnam, if there are grounds to determine that the defendant still has contact with relatives in the country but their relatives do not provide the address, information of the defendant, nor notify the defendant to send testimony, then:

• Consider this as a case where the defendant intentionally hides the address, refuses to declare, and refuses to provide necessary documents.
• The Court brings the case to trial in the absence of the defendant according to the general procedure if the Court has requested the second time and their relatives have also refused to provide the address and information of the defendant, as well as refuse to notify the defendant. notify the defendant to submit a statement.
• After the trial, the Court shall immediately send to relatives of the defendant a copy of the judgment or decision for transfer to the defendant, and at the same time, publicly post the copy of the judgment or decision at the headquarters of the commune-level People Committee where the judgment or decision is made, the last residence of the defendant and the place where the relatives of the defendant reside so that the litigant can appeal in accordance with procedural law.

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2.2. For cases where overseas Vietnamese marry a foreigner whose marriage is recognized in Vietnam, the divorce settlement for Vietnamese returning home and foreign nationals shall comply with the provisions of Article 2.3, Section II. Resolution 01/2003/NQ-HDTP, as follows:

• Where the foreign spouses currently living abroad apply for a divorce from the Vietnamese persons who still bear Vietnamese nationality and are residing in Vietnam, the Courts shall accept to settle these cases but in applying laws thereto, they should distinguish.
• In case a Vietnamese person no longer has Vietnamese nationality but is still residing in Vietnam, the Court will not accept the settlement because it is not within the jurisdiction of the Court.

2.3. In case a Vietnamese citizen residing in the country initiates a lawsuit for divorce or requests recognition of consent to a divorce with a foreigner residing abroad as prescribed in Article 2.4, Section II of Resolution 01/2003/NQ-HDTP , solved as follows:

• If a Vietnamese citizen marries a foreigner, but the foreigner who has returned home no longer has contact with the Vietnamese citizen, the Vietnamese citizen files a lawsuit for divorce or requests recognition of the consent of the divorce, the Court shall accept the divorce. solution explanation.
• For cases where Vietnamese citizens residing in the country apply for divorce from foreigners residing abroad. If Vietnamese citizens apply for divorce from foreigners who have returned to their countries after their marriages and kept no contact with the Vietnamese citizens, the Courts shall accept to settle their cases.

​>>> Read more: Debt payment obligations after divorce

>>> Read more: 04 Notes In Case Of Consensual Divorce

3. Legal service for quick divorce when a spouse lives in another country at Apolo Lawyers

If you want a quick resolution when divorce with a foreigner, do not hesitate to contact Apolo Lawyers. We will support our client with these tasks:

• Consulting about the right to request the Court to settle divorce;
• Consulting the divorce proceedings;
• Making some paperwork such as petition, requested, and statement for divorce;
• Participating in divorce settlement procedures at the Court.

Apolo Lawyers - Solicitors & Litigators is proud to be a law firm with many years of experience in supporting our clients in a divorce involving foreign elements. Therefore, if you have any questions about divorce involving foreign elements and need support, do not hesitate to contact Apolo Lawyer via email: contact@apolo.com.vn and hotline: (+84) 903.419.479 to be consulted and helped in the most optimal way.

APOLO LAWYERS