What is the procedure for divorce when the husband is abroad? Nowadays, it is not uncommon for Vietnamese to live abroad. So how to carry out unilateral divorce procedures with people living abroad? Let us learn about this topic with LSX law firm as follow:
– Law on Marriage and Family 2014 abbreviated as Law on Marriage and Family;
– Civil Procedure Code 2015 abbreviated as Civil Code;
– Official Letter No. 253/TANDTC-PC for short is Official Letter 253.
Being abroad, not authorized for divorce
Divorce is the termination of the marital relationship according to a legally effective judgment; or decision (Based on Article 3 of the Law on Marriage and Family).
Especially, for divorce with foreigners under Vietnam’s law, between foreigners permanently residing in Vietnam; Vietnamese citizens who do not have a common place of residence at the time of requesting a divorce shall be; settled according to Vietnamese law.
Only in cases where Vietnamese citizens do not permanently reside in Vietnam; the divorce shall be resolved according to the law of the place where they permanently reside.
Therefore, considering the case of divorce according to Vietnamese law; Article 83 of the CPC stipulates that, for a divorce; the involved parties may not authorize another person to participate in the proceedings on their behalf.
In addition, according to Clause 2, Article 51 of the Law on Marriage and Family, parents and other relatives have the right to request the Court to settle the divorce if there are two conditions concurrently:
– One of the spouses suffers from mental illness or other diseases and cannot control or be aware of his/her behavior;
– Being a victim of domestic violence caused by the other person, seriously affecting their life, health and spirit.
Thus, the divorce must be done by the two parties themselves, cannot authorize another person to participate in the proceedings; except for cases where parents, relatives are representatives as prescribed in Clause 2; Article 51 of the Law on Marriage and Family above.
What is the procedure for divorce when the husband is abroad?
When married life falls into a serious situation, the marriage purpose is not achieved… one party may request a divorce. However, if one of the two parties is abroad, what will be the unilateral divorce procedure also procedure for unilateral divorce with foreigner in Vietnam?
The court has jurisdiction to settle divorce
According to the provisions of Clause 3, Article 35 of the CPC, the district-level People’s Courts; are not competent to settle divorce cases when the involved parties or assets are abroad. At this time, the authority belongs to the People’s Court of the province (Article 37 of the CPC).
Therefore, when a person is abroad, the divorce petitioner must submit a dossier to the provincial People’s Court.
Dossier of petition for unilateral divorce
In order to get a quick divorce, the divorce petitioner must fully prepare the following documents and documents:
– An application for a unilateral divorce (according to the form);
– Marriage registration certificate. If lost, a copy of the marriage registration must be submitted;
– Identity card or citizen identification or passport; Household; Documents proving that one party is abroad (if any);
– Birth certificate of the child (if any);
– Papers and documents on common property of the couple (if any)…
When the address of the person who is abroad is not available
Through trial practice, there are many divorce cases, but the plaintiff can only provide the address of the last place of residence in Vietnam, but cannot provide the address that this person is currently abroad. Therefore, the Supreme People’s Court has issued Official Letter 253 guiding specifically:
– If through their relatives, the address and information of the defendant is still unknown, this is considered a case of the defendant intentionally hiding the address, refusing to declare, or refusing to provide necessary documents;
– If the Court requests for the second time but their relatives still neither provide nor notify the defendant, the Court will bring the case to trial in absentia according to general procedures;
– After the trial, the Court will immediately send a copy of the judgment or decision to the relative of the defendant for this person to transfer to the defendant;
– Publicly post up copies of judgments or decisions at the headquarters of the commune-level People’s Committees where the defendants last resided, where their relatives are currently residing, so that the litigants can use their right to appeal as prescribed.
If you care about What is fees and Court fees for divorce with foreign elements, please read this article
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Common property of husband and wife includes:
Firstly, property jointly made by husband and wife;
Secondly, property that husband and wife inherit or donate together;
Thirdly, troperty agreed upon by husband and wife is common property;
Moreover, husband and wife can agree on their common property
Separate property of husband and wife includes:
Property that each person had before marriage; separately inherited property, given separately during the marriage; property to be; divided separately between husband and wife;
Property serving the essential needs of the spouses and other properties which, as prescribed by Law, are separately owned by the spouses;
The property formed from the separate property of the husband and wife is also the separate property of the husband and wife. yield, income arising from separate property during the marriage