Unilateral Divorce in Vietnam While Living Abroad

Divorce is a sensitive and complex issue, especially when both spouses are no longer residing in Vietnam. Many Vietnamese citizens living overseas often ask: Can I file for unilateral divorce in Vietnam if both my spouse and I are not in the country. This article explores the legal framework under Vietnamese law for initiating a unilateral divorce from abroad, detailing the requirements, procedures, and practical advice to navigate this situation smoothly. In case you need advice, please contact Apolo Lawyers via email at contact@apolo.com.vn or Hotline (+84) 903 419 479 for the best advice and support.

1. What Is Unilateral Divorce?

Under Article 56 of the Law on Marriage and Family 2014, unilateral divorce is a legal process where one spouse requests the court to dissolve the marriage without the other party consent. It differs from mutual divorce, where both spouses agree to end the marriage and resolve issues like child custody or asset division together.

Unilateral divorce is typically applied when:

• One party refuses to consent to the divorce;
• Serious marital conflicts exist;
• Domestic violence or adultery is involved;
• One party has been absent or uncooperative

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Unilateral Divorce in Vietnam While Living Abroad

2. Can You File for Unilateral Divorce from Abroad?

Vietnamese law allows unilateral divorce proceedings even if both spouses are currently living outside of Vietnam. In such cases, the People Court in Vietnam still has jurisdiction if at least one spouse is a Vietnamese citizen, regardless of where they are residing. The key is determining the appropriate court and following the correct legal procedures remotely.

3. Jurisdiction for Overseas Divorce Cases

When both spouses are abroad, the divorce petition must typically be submitted to the district level People Court in the area where either spouse resided last in Vietnam, or where the petitioner has registered permanent residence in Vietnam.

If neither spouse has a current address in Vietnam, the court may still accept the case based on previous residence records or the citizenship status of the petitioner.

4. Required Documents for Unilateral Divorce

To initiate the unilateral divorce process from abroad, you must prepare and submit the following documents (notarized and translated where applicable):

• Divorce petition;
• Marriage certificate (original or certified copy);
• National ID/passport of both spouses;
• Household registration book or evidence of last residence in Vietnam;
• Birth certificates of children (if applicable);
• Evidence of marital breakdown (messages, reports, witness statements, etc.);
• Power of attorney (if authorizing a lawyer in Vietnam to represent you).

5. Court Procedures for Overseas Divorce

5.1. Step 1: Filing the Petition

Submit the unilateral divorce petition to the competent People Court in Vietnam. If you are abroad, you can authorize a Vietnamese lawyer to represent you through a power of attorney.

5.2. Step 2: Court Notification

The court will notify the other spouse and carry out reconciliation procedures, even if one or both parties are abroad. If reconciliation fails or is not possible due to absence, the case will proceed to trial.

5.3. Step 3: Court Hearing and Judgment

The court evaluates all documents and evidence. If the judge agrees that the marriage has seriously deteriorated, a divorce decree will be granted. The court will also rule on:

• Child custody (in the best interest of the child);
• Division of property;
• Spousal obligations if any.

Filing a unilateral divorce from another country may involve: Complicated document legalization and notarization; Difficulties in communication with the court; Long processing times if one spouse is uncooperative; High importance of appointing a reliable local lawyer in Vietnam.

Unilateral Divorce in Vietnam While Living Abroad

6. Apolo Lawyers provides consulting services on unilateral divorce procedures while living aboard

Even when both spouses are no longer living in Vietnam, it is still legally possible to file for a unilateral divorce under Vietnamese law. The key is proper preparation, evidence, and guidance from experienced lawyers. If you are seeking justice, closure, or freedom from a failed marriage while living abroad, unilateral divorce may be the right path for you.

To better understand the cases of unilateral divorces as well as divorce issues. You should find a reputable divorce lawyer to authorize a lawyer. Our company provides fast unilateral divorce services in Ho Chi Minh City such as:

• Advice on the right to request the Court to settle divorce;
• Advising on conciliation procedures at the grassroots level;
• Advise 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 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 divorce procedures 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 a quite 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: Prepare for a Divorce Due to Domestic Violence in Vietnam

>>> Read more: When Does the Court Not Accept a Unilateral Divorce?

APOLO LAWYERS