In Vietnam nowadays, divorce has foreign elements, especially when the other party does not cooperate to resolve, avoiding contact is very common. This will make it difficult for divorce settlement to start a new and better life. So about the matter “Unrequited divorce when husband is abroad under Vietnam law” Let’s find out with LSX in the article below. Hope this answer will help you!
Legal grounds
- Law on Marriage and Family 2014
- Civil Procedure Code 2015
Legal provisions on divorce involving foreign elements
Laws on divorce
Divorce is the termination of the husband and wife relationship when the conflicts between husband and wife become serious, the common life cannot last, the marriage purpose is not achieved. Divorce is recognized under a legally valid judgment or decision of the Court.
The basic principle of the law on marriage and family is the principle of voluntary and progressive marriage, therefore, divorce must also be based on the above principle. The law prohibits all acts of fake divorce, coercion or deception that obstruct divorce.
The concept of divorce with foreign elements
Divorce is the last option when the life of husband and wife becomes serious, the purpose of marriage is not achieved. Divorce with foreign elements is the case in which the involved parties are abroad, one of the litigants is a foreigner, or have assets in a foreign country…
It is easy to see that divorce with foreign elements has become popular due to the development of socio-economic as well as more open thinking about cross-border relationships.
In this article, I want to talk in more detail about the divorce when the husband or wife is abroad and deliberately hides his address.
Unrequited divorce when husband is abroad under Vietnam law
Divorce is the last option when the life of husband and wife becomes serious, the purpose of marriage is not achieved.
According to Clause 14, Article 3 of the Law on Marriage and Family, divorce is the termination of the husband and wife relationship according to a legally effective judgment or decision of a court.
Thus, the Court is the only agency responsible for making a decision to terminate the marriage relationship of husband and wife.
Regarding the Court having jurisdiction, according to Point a, Clause 1, Article 37 of the 2015 Civil Procedure Code:
Disputes about civil, marriage and family, business, commerce and labor specified in Articles 26, 28, 30 and 32 of this Code, except for disputes falling under the jurisdiction of the People’s Courts district-level people specified in Clauses 1 and 4, Article 35 of this Code.
Thus, the People’s Court of the province will accept and settle divorce cases that the district courts do not have the authority to accept.
And also according to Point h, Clause 2, Article 39 of the Civil Procedure Code, the authority to settle a divorce with a foreign element belongs to the People’s Court of the province where one of the parties consenting to the divorce resides and works.
Thus, husbands abroad can still divorce unilaterally normally.
In your case, you do not know the address of your husband in a foreign country and cannot find him to sign the divorce petition, so it will be adjudicated in the case of a unilateral divorce.
Regarding the case where the address of the involved party in a foreign country is not clearly identified, the Supreme People’s Court has issued Document No. 253/TANDTC-PC dated November 26, 2018 guiding this issue.
Accordingly, the solution for Unrequited divorce when husband is abroad under Vietnam lawis as follows:
Therefore, in case a Vietnamese person in the country applies for a divorce from an overseas Vietnamese and can only provide the address of the defendant’s last residence in Vietnam, he cannot provide the defendant’s address in Vietnam. If, through the defendant’s relatives, there are grounds to determine that they still have contact with their relatives in the country, but their relatives do not provide the defendant’s address and information to the Court as well as Failure to comply with the Court’s request to notify the defendant in order to send testimonies to the Court will consider this as a case where the defendant intentionally hides his address, refuses to declare, or refuses to provide necessary documents. . If the Court has requested the second time, but their relatives also refuse to provide the respondent’s address and information to the Court as well as refuse to comply with the Court’s request to notify the defendant, the Court will The court brought the case to trial in the defendant’s absence according to the general procedure. After the trial, the Court should immediately send to the defendant’s relatives a copy of the judgment or decision for these people to transfer to the defendant, and at the same time conduct a public posting of the copy of the judgment or decision at the head office. The commune-level People’s Committee of the place where the defendant last resided and where the defendant’s relatives reside so that the litigant can use the right to appeal in accordance with the procedural law.
Thus, when encountering similar cases, citizens can deal with the following:
– Submit a complete divorce file as prescribed at the Provincial People’s Court of the last place of residence of the defendant;
– The People’s Court will appraise and contact the relatives and when there are signs that the relatives intentionally did not provide or conceal the address of the foreign defendant, they will send a second written request. In the event that there is still no positive response, the court will proceed with the trial by default.
How is the divorce procedure when the husband is a foreigner living abroad?
In order to be granted a divorce by the Court, you need to prepare all the following documents:
– Marriage registration (if any), in case the original is lost, the marriage registration extract of the competent State agency shall be submitted;
– A notarized or authenticated copy of the birth certificate of the children (if there are children);
– Certified copy of ID card/CCCD/Passport; Certified copy of household registration;
– Applications for divorce.
– Documents proving that one party is abroad (if any).
The dossier is filed at the People’s Court of the province. Within 7-15 days, the Court examines the dossier, if the dossier is complete and valid, the Court will send a notice of advance of the court fee.
You need to pay the civil court cost advance at the competent Civil Judgment Enforcement Sub-department and submit the court fee advance receipt to the Court.
Depending on the specific case, the time limit for resolving unilateral divorce cases is different. On the basis of law, the time limit for trial preparation is from 4 to 6 months from the date of acceptance of the case; The time limit for opening a court session is from 1 to 2 months from the date of issuance of the decision to bring the case to trial. Unrequited divorce when husband is abroad under Vietnam law
During the divorce process, when the Court requests for the second time, their relatives also refuse to provide the defendant’s address and information to the Court as well as refuse to comply with the Court’s request to notify the defendant, the Court shall bring the case to trial in the defendant’s absence according to general procedures.
After the trial in the defendant’s absence, in case the address cannot be determined, the Court will immediately send a copy of the judgment or decision to the relatives of the defendant for these people to transfer to the defendant, and at the same time publicly post up copies of judgments and decisions at the headquarters of the commune-level People’s Committees where the defendants last resided and where the defendants’ relatives reside so that the litigants can use their right to appeal according to regulations of procedural law.
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Frequently asked questions
According to the provisions of Article 51 of the Law on Marriage and Family 2014
• Wife, husband or both have the right to request a divorce.
• Parents, other relatives have the right to request divorce settlement when one of the spouses, due to mental illness, is unable to perceive and control their own behavior, and is also a victim of violence. families caused by their husbands and wives, seriously affecting their lives, health and spirit.
• Husbands do not have the right to request divorce in cases where the wife is pregnant, giving birth or raising a child under 12 months old.
Accordingly, the divorce can be requested by both spouses or by one of the spouses’ requests, both of which are considered and resolved by the Court. In the case where husband and wife jointly request a divorce, the Court:
• If it is deemed that the two parties really voluntarily divorce and have agreed on the division of property, the care, rearing, care and education of children on the basis of ensuring the legitimate interests of the wife and children, the consent to divorce;
• if an agreement cannot be reached or an agreement is reached but the legitimate interests of the wife and children are not guaranteed, the divorce shall be settled.
Although they can still contact and even visit family, many litigants do not accept the divorce, leading to concealment and failure to provide an address for the court to send documents related to the case.
In your case, your husband does not cooperate to complete the divorce proceedings, so it will be adjudicated in a unilateral divorce case.
According to the provisions of Articles 28 and 29 of the 2015 Civil Procedure Code, the settlement of marriage and family disputes or requests for marriage and family fall under the jurisdiction of the District People’s Courts. However, because this is a case with foreign elements, the People’s Court higher than 1 level (Provincial People’s Court) will be the competent agency to settle.
Concealing addresses is an act to prevent citizens’ right to divorce, the Supreme People’s Court has given specific instructions when there are reflections on difficulties in solving the case in writing No. 253/TANDTC- PC November 26, 2018 About the settlement of the divorce case with the defendant being overseas Vietnamese but the address is unknown.
The processing time varies from case to case. On the basis of law, the time limit for trial preparation is from 4 to 6 months from the date of acceptance of the case; The time limit for opening a court session is from 1 to 2 months from the date of issuance of the decision to bring the case to trial.
During the divorce process, when the Court requests for the second time, their relatives also refuse to provide the defendant’s address and information to the Court as well as refuse to comply with the Court’s request. notify the defendant, the Court shall bring the case to trial in the defendant’s absence according to general procedures. According to the guidance of Official Dispatch No: 253/TANDTC-PC dated November 26, 2018 On the settlement of divorce cases where the defendant is overseas Vietnamese but the address is unknown.
*Note: In the absence of trial, the defendant will lose its direct benefits because it cannot give its opinion before the Court.
After the trial in the absence of a foreign defendant whose address cannot be determined, the Court will immediately send a copy of the judgment or decision to the defendant’s relatives for these people to transfer to the defendant, and at the same time proceed with the proceedings. Publicly post up copies of judgments and decisions at the headquarters of the commune-level People’s Committees where the defendants last resided and where the defendants’ relatives reside so that the litigants can use their right to appeal according to regulations of procedural law.
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