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Divorce from Someone Living Abroad:
2 Practical Scenarios to Consider
In today’s world, marriages between Vietnamese citizens and foreigners have become increasingly common. However, due to differences in nationality and culture, the divorce rate between Vietnamese and foreign partners is also rising. Understanding the legal process of divorcing someone living abroad is crucial for ensuring a smooth and lawful procedure. This guide provides a comprehensive overview of the legal steps involved in divorcing a spouse residing overseas.
Legal Framework for Divorce in Vietnam
Under Vietnamese law, divorce is defined as the legal termination of a marital relationship through a court judgment or decision. Either spouse has the right to request a divorce if the marriage’s objectives cannot be achieved. Divorce involving a spouse living abroad falls under the category of foreign-related divorce cases. There are two primary types of divorce in such cases: mutual consent divorce and unilateral divorce.
Mutual Consent Divorce
When both parties agree to divorce, the process is relatively straightforward, even if one spouse resides abroad. In this case, the absent spouse can request the court to handle the divorce in their absence. The following steps outline the procedure:
- Steps to Proceed with a Mutual Consent Divorce
1. Submit a Divorce Petition
The spouse living abroad must prepare and submit a detailed divorce petition, including agreements on child custody and property division (if applicable).
2. State the Reason for Absence
Clearly explain the reason for being absent and formally request the Vietnamese court to handle the case without requiring their presence.
3. Commit to No Disputes
Provide a written commitment stating there will be no future disputes or claims regarding the divorce terms.
4. Declaration of Consent
Submit a self-declaration confirming mutual agreement on divorce and non-dispute over joint assets.
5. Grant Power of Attorney
Authorize a legal representative in Vietnam to receive all court-related documents on their behalf.
6. Consular Authentication
Have all documents authenticated at the Vietnamese embassy or consulate in the country where the spouse resides, then forward them to the legal representative for submission to the court.
- Required Documents for Mutual Consent Divorce
- Divorce petition (with certified translation and consular legalization if required)
- Original marriage certificate or a certified copy issued by the registering authority
- Copies of the Vietnamese spouse's identification documents (ID card and household registration book)
- Identification documents of the foreign spouse (passport or visa with consular legalization)
- Power of attorney allowing a representative to receive court documents
- Application for absence during the marriage settlement process in Vietnam has been legalized
Unilateral Divorce
Unilateral divorce applies when one spouse wants to terminate the marriage without the other’s cooperation. This process is more complex and time-consuming, especially when the spouse abroad is unresponsive or unwilling to participate.
- Steps to Proceed with a Unilateral Divorce
1. File a Divorce Lawsuit
The petitioner must file a unilateral divorce request with the provincial-level People’s Court where the respondent resides.
2. Case Acceptance
Within five working days of receiving a valid application, the court will issue a notice requiring the petitioner to pay a court fee advance.
3. Fee Payment
The petitioner must pay the court fee at the local civil enforcement agency and submit the receipt to the court.
4. Case Handling and Judgment
The court will proceed with case handling and issue a formal judgment or decision.
- Required Documents for Unilateral Divorce
- Divorce petition (in prescribed format)
- Original marriage certificate
- Certified copies of both spouses' identification documents (ID card, household registration, passport)
- Birth certificates for children (if applicable)
- Evidence of shared property (e.g., land use certificates, vehicle registration, bank statements)
- Documentary evidence proving acts of domestic violence or serious violations of the rights and obligations of husband and wife, causing the marriage to fall into a serious state, making the common life impossible to continue, and the purpose of the marriage not being achieved; evidence proving the disappearance of the spouse in the case of a divorce request when the spouse is declared missing.
Noted
Special Case: Concealment of Address
Due to various conflicts, the applicant cannot provide information about their spouse’s residence because they intend to conceal the information. This causes many difficulties in the process of providing evidence and identification of the other party to the Court.
In this case, the Court will verify whether the defendant intentionally does not cooperate, refuses to declare, or conceals the address; from there, there is a sufficient basis for the Court to decide to conduct the trial in absentia of the defendant according to the general procedure.
It can be seen that plaintiffs in this case need to proactively prepare evidence, proving that their spouse is abroad but still has contact with relatives in Vietnam so that the Court has enough documents to quickly resolve the problem they encounter.
Why is Legal Support Crucial?
Divorcing someone living abroad involves legal complexities that require careful handling. Engaging a knowledgeable legal team ensures accurate preparation of documents, adherence to legal requirements, and an expedited resolution of the case. Legal experts assist in:
- Preparing and verifying required documents
- Liaising with relevant authorities
- Representing clients in court proceedings
- Ensuring compliance with Vietnamese and international legal frameworks
Conclusion
Whether pursuing a mutual consent or unilateral divorce, understanding the legal process is essential for a successful outcome. With the right legal guidance, you can navigate the complexities of divorcing a spouse living abroad efficiently and effectively. Seek expert legal support to protect your rights and achieve a fair resolution to your divorce case.
For assistance with other divorce procedures, please see the article “Vietnam divorce procedure“.
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