DIVORCE WHILE ABROAD: LEGAL PROCEDURES AND REGULATIONS IN VIETNAM

DIVORCE WHILE ABROAD: LEGAL PROCEDURES AND REGULATIONS IN VIETNAM

Divorcing when one spouse is abroad is not only a difficult decision but also fraught with legal risks. In todays context of international integration, many Vietnamese people are facing this problem.

Divorcing when one spouse is abroad is not only a difficult decision but also fraught with legal risks. In today context of international integration, many Vietnamese people are facing this problem. In this article, Apolo Lawyers will help you clearly understand the legal regulations and related procedures in Vietnam when you want to divorce when your spouse is abroad.

1. Can I divorce someone who is abroad?

Divorce when one spouse is abroad is completely feasible. The law does not limit the right of spouses to request a divorce when one party is abroad. Accordingly, Clause 2, Article 127 of the Law on Marriage and Family regulates divorce with foreign elements as follows: "In case the party is a Vietnamese citizen who does not permanently reside in Vietnam at the time of requesting a divorce, then Divorce is resolved according to the law of the country where the couple permanently resides; If both do not have a common permanent residence, it will be resolved according to Vietnamese law." Thus, spouses who are abroad can still request a divorce. In this case, the divorce is resolved according to the law of the country where the couple permanently resides. If husband and wife do not have a common permanent residence, the matter will be resolved according to Vietnamese law.

Divorce While Abroad: Legal Procedures And Regulations In Vietnam

If both parties agree to end the marital relationship, both can carry out the procedure to request recognition of an uncontested divorce. If the spouse commits an act of domestic violence or seriously violates the spouses rights and obligations, causing the marriage to fall into a serious situation, life together cannot last, the purpose of marriage is If not, you have the right to request a divorce even though the other person is not currently in Vietnam according to unilateral divorce procedures.

2. Authority to resolve divorce when spouse is abroad

Normally, the authority to resolve divorces involving foreign elements belongs to the Provincial Peoples Court. Except for divorce cases between Vietnamese citizens residing in border areas and citizens of neighboring countries residing in border areas with Vietnam, which fall under the jurisdiction of the district-level People Court.

Divorce While Abroad: Legal Procedures And Regulations In Vietnam

3. Divorce procedures for people living abroad

Step 1: Prepare Documents

• Application for divorce or Unilateral divorce application (According to form);

• Marriage certificate (Original). In case there is no original copy of the Marriage Registration Certificate, confirmation must be obtained from the Commune Peoples Committee where the marriage was registered;

• Identity card/citizen identification card/passport; Household registration book of husband and wife (Authenticated copy);

• Joint birth certificate if there is a child together (Authenticated copy);

• Documents proving common assets (if there is a property dispute);

• Application for trial in absentia.

In case you are abroad, you can send documents to the Court by postal service or; submitted online electronically via the Courts Electronic Information Portal (if any) or; Authorize lawyers/relatives to receive documents and submit them directly to the Court.

To authorize a lawyer to carry out divorce procedures while abroad, you can contact Apolo Lawyers Law Firm via Hotline: 0979.48.98.79.

Step 2: The court accepts the application, considers it in accordance with its authority and legal regulations, then issues a notice of advance payment of court fees to the applicant. The applicant pays the court fee advance and submits the court fee advance receipt to the Court. The court accepting the divorce case issues a notice of acceptance of the case to the procuracy at the same level and the defendant (related person).

Step 3: The court proceeds to resolve the case according to legal procedures.

Divorce While Abroad: Legal Procedures And Regulations In Vietnam

4. Process of providing divorce services involving foreign elements at Apolo Lawyers Law Firm

Step 1: Receive customer information, records and documents related to divorce.

Step 2: Transfer the customers request to the Apolo Bar Council to receive and quote the agreed service fee.

Step 3: The customer and the law firm Apolo Lawyers sign a legal service contract and pay fees according to the initial agreement;

Step 4: A qualified lawyer will be in charge of researching and consulting on divorce handling plans; Analyze for customers the advantages and disadvantages of each option as well as how to implement it;

Step 5: Apolo Lawyers will continue to notify the processing progress according to the method selected above and advise on further solutions until the dispute is completely resolved.

For support and legal advice on related issues, customers can contact us using the information below:

APOLO LAWYERS LAW FIRM

108 Tran Dinh Xu, Phuong Nguyen Cu Trinh, District 1, City. Ho Chi Minh

Tel: (028) 66 701 709 | 0939.486.086 | 0908.043.086

OFFICE IN BINH THANH

9th Floor, K&M Tower, 33 Ung Van Khiem, Binh Thanh District, City. Ho Chi Minh

Tel: (028) 35 059 349 | 0908.097.068