Is authorization allowed during divorce proceedings?

During divorce proceedings, many individuals who face time constraints or health-related difficulties often question whether authorization can be granted to another person to carry out legal steps on behalf of the concerned party. The following article provides a clear explanation of the concept of authorization, divorce procedures, applicable legal regulations, and important issues that require attention. For legal consultation, please contact Apolo Lawyers via email at contact@apolo.com.vn or via hotline at (+84) 979.489.879 for detailed guidance.

1. What Is Authorization?

Authorization refers to an act in which an individual permits another person to perform a specific legal act on behalf of the authorizing party within the scope stated in a written authorization document. However, not all rights are eligible for authorization, particularly personal rights that are closely associated with personal status and legal capacity.

Specifically, Article 135 of the Civil Code provides as follows:

“Article 135. Establishment of Representative Authority

Representative authority is established based on authorization between the represented person and the representative, hereinafter referred to as authorized representation; based on a decision of a competent state authority, based on the charter of a legal entity, or based on provisions of law, hereinafter collectively referred to as legal representation.”

This provision forms the legal basis for determining the scope and validity of authorization in civil and procedural matters, including consideration of whether authorization is permissible during divorce proceedings.

Is authorization allowed during divorce proceedings?

2. What Are Divorce Procedures?

Divorce procedures refer to a mandatory legal process required to terminate a marital relationship between a wife and a husband based on a court judgment or decision. This process includes the following main steps:

• Preparation of divorce documentation
• Submission of a divorce petition to a competent court
• Participation in court mediation
• Compliance with court requests, including submission of additional documents and participation in hearings
• Receipt of a divorce judgment or decision

Divorce procedures are directly related to personal rights and family relationships. For this reason, the current law imposes strict regulations to ensure legality and voluntariness.

3. Is Authorization Allowed in Divorce Procedures?

Pursuant to Clause 4, Article 85 of the Civil Procedure Code 2015:

“Clause 4. An authorized representative in accordance with the Civil Code is an authorized representative in civil proceedings.
In divorce cases, litigants are not permitted to authorize another person to participate in civil proceedings on their behalf. In cases where parents or other relatives request a court to resolve a divorce in accordance with Clause 2, Article 51 of the Law on Marriage and Family, such persons act as representatives.”

Accordingly, under current law, a wife or a husband is not permitted to authorize another person to participate in divorce procedures, including authorization granted to a lawyer.

Reference to Clause 2, Article 51 of the Law on Marriage and Family 2014 provides as follows:

“Clause 2. Parents or other relatives have the right to request a court to resolve a divorce when one spouse suffers from mental illness or another disease that prevents awareness and control of behavior, and at the same time is a victim of domestic violence caused by the other spouse, resulting in a serious impact on life, health, or mental well-being.”

Based on this provision, parents or other relatives are permitted to act as representatives for a wife or a husband only when the following two conditions are fully satisfied:

• One spouse suffers from a mental illness or another disease that prevents awareness and control of behavior
• Such a spouse is a victim of domestic violence caused by the other spouse, resulting in a serious impact on life, health, or mental well-being

4. Where Should a Divorce Petition Be Filed?

For consensual divorce cases, a divorce petition may be submitted to a district-level court where either party resides or works.

For unilateral divorce cases, a divorce petition must be submitted to a district-level court where the respondent resides or works.

In cases involving foreign elements, including situations where one party resides abroad or where assets are located abroad, jurisdiction belongs to a competent court in accordance with Vietnamese law. Such jurisdiction includes cases related to unlawful marriage cancellation, divorce resolution, disputes regarding rights and obligations between spouses, parents, and children, determination of parent-child relationships, adoption, and guardianship involving Vietnamese citizens residing in border areas and citizens of neighboring countries also residing in border areas, in accordance with applicable legal provisions.

5. Why Is the Prohibition of Authorization in Divorce Procedures Important?

The prohibition on authorization in divorce procedures serves several important purposes:

• Ensuring the voluntary intent of a wife or a husband
• Protecting the lawful rights and interests of involved parties, as divorce directly affects children, property, and financial obligations, and requires direct statements from each spouse
• Preventing abuse or falsification of divorce documentation, as authorization could lead to divorce against genuine intent, fraud, or coercion
• Protecting child rights within marital relationships, since courts must directly consider the opinions of parents to determine appropriate child care and upbringing arrangements

Is authorization allowed during divorce proceedings?

These regulations ensure that divorce procedures are conducted transparently, lawfully, and in a manner that prioritizes personal intent and family-related rights.

In summary, divorce is a matter involving two individuals and, therefore, authorization is not permitted for carrying out divorce procedures, as divorce constitutes a personal right that must be exercised directly. Authorization is only allowed for limited administrative tasks such as the submission of documents or the receipt of procedural papers. Authorization cannot be used to express intent to divorce or to participate in court hearings. A clear understanding of these legal provisions helps prevent rejection of case files and ensures that divorce procedures are completed in full compliance with applicable law.

6. Legal services Apolo Lawyers provide for divorce cases

Apolo Lawyers – Solicitors & Litigators offers comprehensive legal services designed to help clients achieve a fast divorce while safeguarding their rights and interests. Our services include:

• Consulting on mutual consent and unilateral divorce procedures;

• Reviewing, drafting, and organizing all required divorce documents;

• Representing clients during negotiations on property division and child custody;

• Advising on financial settlements, spousal support, and child support;

• Assisting with recognition and enforcement of foreign divorce judgments in Vietnam;

• Representing clients before the People Court in divorce proceedings;

• Supporting post-divorce procedures, such as civil status registration updates.

With a team of experienced and dedicated lawyers, Apolo Lawyers is committed to guiding you through each stage of the divorce process, ensuring legal compliance and helping you resolve your case as quickly and smoothly as possible.

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: Seeking Legal Assistance for Unilateral Divorce Services in Vietnam

>>> Read more: How to File a Unilateral Divorce in Accordance with Vietnamese Law?