In the current new economic situation, many families have relatives (wife or husband) who have to go abroad to work, do business or live for a long time. This, leading to many couples unable to stand the loneliness, lack of family affection in their own home, had to decide to divorce. So about the matter “Can I get a divorce while abroad in Vietnam?” Let’s find out with LSX in the article below. Hope this article will help you a lot!
Legal grounds
- Civil Procedure Code 2015
- Law on marriage and family 2014
- Resolution 01/2003/NQ-HDTP
What is a divorce?
According to Clause 14, Article 3 of the Law on Marriage and Family 2014, it is clear that: Divorce is the termination of the husband and wife relationship according to a legally effective judgment or decision of the Court.
Vietnamese law stipulates two types:
– Consent to divorce
– Divorce at the request of one party
In case of consent divorce
An amicable divorce is a divorce with the consent and agreement of both husband and wife. At the same time, Article 55 of the Law on Marriage and Family 2014 stipulates the conditions for the Court to recognize the consent of the couple’s divorce, specifically:
– Husband and wife jointly request divorce voluntarily;
– The two parties have reached an agreement on the division of property, child rearing, child support, etc., on the basis of ensuring the legitimate interests of the wife and children;
– The court recognizes the consent of the divorce.
When both spouses voluntarily sign the divorce papers; there are property agreements; children and related matters; then you can proceed with the divorce proceedings. It can be said that the real voluntariness of husband and wife is a condition for the Court to recognize a consensual divorce.
Thus, if both spouses are abroad, agree to divorce and meet all the conditions for a consensual divorce above, the Court will consider consenting divorce for the couple.
Unilateral divorce case
Accordingly, the Court shall resolve the divorce at the request of one spouse if and only if one party has an “error” that causes the marriage to fall into a serious state, the common life cannot be prolonged, the purpose of the marriage is multiplication is not achieved.
According to the Law on Marriage and Family, one spouse has the right to request a unilateral divorce if:
+ Case 1: The wife (husband) commits domestic violence. The wife (husband) asks for a divorce when they believe that the other wife (husband) has committed acts of domestic violence against themselves or other family members such as children, parents, etc.
+ Case 2: The spouse commits a serious violation of the husband and wife’s rights and obligations. The rights and obligations of husband and wife are specified in Chapter III of the Law on Marriage and Family 2014.
In addition, the Law on Marriage and Family 2014 also provides for a unilateral divorce if one of the spouses is declared missing by the Court. This case is specified in Clause 2, Article 56 of the Law on Marriage and Family. Accordingly, in case the spouse of the person declared missing by the Court requests a divorce, the Court shall grant the divorce.
Can I get a divorce while abroad in Vietnam?
Pursuant to Article 56 of the Law on Marriage and Family 2014:
Article 56. Divorce at the request of one party
1. When a spouse requests a divorce but conciliation at the court fails, the court shall grant the divorce if there are grounds for the fact that the husband or wife has committed acts of domestic violence or seriously violated rights and obligations. The service of husband and wife has caused the marriage to fall into serious condition, the common life cannot be prolonged, the purpose of the marriage cannot be achieved.
…
Accordingly, if you have a unilateral divorce request, you must provide grounds for the fact that your wife has committed a serious violation of the rights and obligations of husband and wife, causing the marriage to fall into a state of common life, can be stretched. In your case, you are abroad, your wife is in Vietnam, you want a divorce, you must return to Vietnam to carry out divorce procedures, besides, you must prove that your wife violates the law. If you violate your spouse’s obligations, the Court can handle your unilateral divorce request.
Regarding child custody, based on Article 81 of the Law on Marriage and Family 2014:
Article 81. The care, care, upbringing and education of children after divorce
1. After a divorce, parents still have the right and obligation to look after, care for, raise and educate their minor children and adult children who have lost their civil act capacity or are incapable of working, and have no property to support themselves according to the provisions of this Law, the Civil Code and other relevant laws.
2. Husband and wife agree on who directly raises children, obligations and rights of each party after divorce towards children; in case no agreement can be reached, the Court shall decide to assign the child to one party to directly raise it based on the child’s interests in all aspects; if the child is full 07 years old or older, the child’s wishes must be considered.
3. Children under 36 months of age shall be assigned to their mothers to directly raise them, unless the mothers are not eligible to directly look after, care for, nurture and educate the children or the parents have other agreements in accordance with their interests of child’s benefit.
Accordingly, you and your wife have the right to reach an agreement on child custody, if no agreement is reached, the Court will base on the interests of the child and the conditions of each spouse to decide to hand over the child to the father or mother. For adoptive mothers, with older children over 07 years old, the Court shall consult with the children’s opinions and aspirations. If you want to raise children, you must prove before the Court about your economic and family conditions for the Court to consider.
Divorce file while abroad
When I know that the Court has handled the case, can my husband who is abroad get a divorce? And here is the unilateral divorce proceedings in the absence of the plaintiff. Then the wife filed an application to the Provincial People’s Court with the following documents:
– Application for divorce (according to the form);
– Marriage registration certificate (original); If you do not have the original marriage registration certificate, you must apply for a certification from the People’s Committee of the province where the marriage has been registered.
– Household registration book, people’s identity card (certified copy);
– Child’s birth certificate (certified copy – if any);
– Other documents and evidences evidencing common property.
Services of LSX
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On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, LSX’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
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Contact LSX
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Please see more
- Apply for certificate of singleness for foreigners in Vietnam
- Policy on the salary of employees by the law of Vietnam
- Proving separate property before marriage under Vietnam law
Frequently asked questions
Pursuant to the Law on Marriage and Family 2014 stipulates that the marriage relationship shall terminate from the date on which the divorce judgment or decision of the Court takes legal effect.
The court that has settled the divorce must send the legally effective divorce judgment or decision to the agency that has performed the marriage registration for recording in the civil status book; divorce both parties; other individuals, agencies and organizations as prescribed by the Civil Procedure Code and other relevant laws.
Pursuant to the 2014 Law on Marriage and Family, which stipulates that a divorce is consensual, in case a husband and wife both request a divorce, if it is deemed that both parties are really willing to divorce and have agreed on the division of property, the to look after, raise, care for and educate children on the basis of ensuring the legitimate interests of the wife and children, the Court shall recognize the consent of the divorce; if no agreement is reached or there is an agreement but the legitimate interests of the wife and children are not guaranteed, the court shall settle the divorce.
Pursuant to the Law on Marriage and Family 2014 stipulates that Illegal marriage is when a man and woman have registered their marriage at a competent state agency but one or both parties violate the marriage conditions as prescribed. in Article 8 of this Law.
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