Lost your marriage certificate before divorce in Vietnam? Prepare a civil-status extract, consistent identity details and an explanation of missing records.
What Is Divorce?
Divorce refers to the termination of a lawful marital relationship between a wife and a husband through a legally effective judgment or decision issued by the Court. From the time when the divorce decision takes legal effect, the marital relationship no longer exists in legal terms. Therefore, after divorce, if either party wishes to establish a new marital relationship with another person, such action is entirely lawful and does not violate legal regulations.
Currently, Vietnamese law recognizes two forms of divorce, including unilateral divorce upon request of one party and divorce by mutual consent.
When resolving divorce, the Court considers and decides matters such as child custody rights, child support obligations, division of common property, and settlement of common debts in accordance with legal provisions. After divorce, each party retains the legal right to remarry if statutory conditions are satisfied.
What Is a Marriage Certificate?
Pursuant to Clause 7, Article 4 of the Law on Civil Status 2014, a Marriage Certificate is defined as a document issued by a competent state authority to a man and a woman at the time of marriage registration. Accordingly, the Marriage Certificate is a legal document issued by a competent authority to confirm a lawful marital relationship in accordance with the Law on Marriage and Family.
The Marriage Certificate serves as an important legal basis for the following purposes:
- Determination of a lawful marital relationship
- Resolution of matters related to common property, common children, and related issues in divorce proceedings
- Performance of other related legal procedures
Loss of the Marriage Certificate refers to situations where the spouses no longer retain the original document due to misplacement, damage, fire, natural disasters, or other objective causes.
Note: Loss of the Marriage Certificate does not affect the validity of a lawful marriage that has been duly registered.
Is Divorce Allowed When the Marriage Certificate Is Lost?
The answer is Yes.
Under current legal regulations, divorce is still permitted even when the Marriage Certificate is lost. The Court does not refuse to resolve a divorce case solely because the original Marriage Certificate is no longer available. However, the requesting party must provide lawful proof of the existence of a lawful marital relationship.
In such cases, the individual who lost the Marriage Certificate may contact the civil status authority where the marriage was registered to request an extract copy of the Marriage Certificate.
How Does the Court Resolve Divorce Without a Marriage Certificate?
When filing a divorce petition in cases involving loss of the Marriage Certificate, the initiating party must request an extract copy of the Marriage Certificate.
Pursuant to Clause 9, Article 4 of the Law on Civil Status 2014, a civil status extract is defined as a document issued by a competent state authority to certify a civil status event that has been registered in the civil status registry. The original extract is issued immediately after registration of the civil status event. Copies of civil status extracts include copies issued from the civil status database and copies certified from the original extract.
Such extract copy serves as a lawful substitute to prove the marital relationship during divorce proceedings.
Required Documents for Divorce When the Marriage Certificate Is Lost
In general, a divorce dossier includes the following documents:
- Divorce petition, either unilateral divorce or divorce by mutual consent
- Extract copy of the Marriage Certificate
- Copies of citizen identification cards or passports of both parties
- Certificate of residence information
- Birth certificate of children, if applicable
- Documents related to common property and common debts, if applicable
Role of a Lawyer in Divorce Cases Involving Loss of the Marriage Certificate
When the initiating party loses the Marriage Certificate and seeks assistance from a divorce lawyer, the lawyer may provide professional support including the following tasks:
- Verification of marriage registration information
- Guidance on requesting extract copies from the competent civil status authority
- Preparation of a complete and legally compliant divorce dossier
- Drafting of necessary legal documents to facilitate an efficient divorce process
- Representation in working with the Court to shorten the resolution timeline
In conclusion, loss of the Marriage Certificate does not result in loss of the legal right to divorce. In such circumstances, the involved party only needs to lawfully prove the existence of a valid marital relationship by requesting a civil status extract. The Court will still accept and resolve the divorce case in accordance with legal regulations.
How legal support can help
Jurion & Partners 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.
>>> Read more: Seeking Legal Assistance for Unilateral Divorce Services in Vietnam
>>> Read more: How to File a Unilateral Divorce in Accordance with Vietnamese Law?
Discuss your next steps
For advice on the issues discussed in this guide, ask Jurion & Partners to review your circumstances and explain the appropriate legal options before you take the next step.
