What procedures are required to divorce when the husband is abroad?

Divorce when the husband is abroad is a complicated procedure but not impossible. Understanding the process, documents needed to prepare and legal regulations will help you save time, minimize risks and ensure legal rights. Through the following article, Long Phan will provide customers with steps to resolve divorce when the husband is abroad in the most effective way.

Right to request divorce according to the Law on Marriage and Family 2014

Pursuant to Article 51 of the Law on Marriage and Family 2014, the right to request divorce under current law will include the following subjects:

• Spouse or both spouses. As for the husband, if the wife is pregnant, has given birth or is raising a child under 12 months old, the husband will not have the right to request a divorce.
• Fathers, mothers, and other relatives have the right to request the Court to resolve a divorce when one spouse, due to mental illness or another illness, cannot perceive and control his or her behavior, and at the same time is victims of domestic violence caused by their husbands and wives, seriously affecting their lives, health, and spirit.

Authority to resolve divorce when the husband is abroad

Pursuant to Clause 1, Article 127 of the Law on Marriage and Family 2014, Clause 3, Article 35 and Clause 1, Article 37 of the Code of Civil Procedure 2015, the authority to resolve divorce when the husband is abroad will belong to the Provincial People’s Court; except for the cases specified in Clause 4, Article 37 of this Code, the authority will belong to the district People’s Court.

Documents need to be prepared divorce when the husband is abroad

Documents to prepare divorce when the husband is abroad will include:

• Divorce application (as prescribed in Article 189 of the Code of Civil Procedure 2015);
• Authenticated copy or original of Marriage Certificate;
• Certified copy of Citizen Identification of the person applying for divorce;
• Certified copy of Passport of foreign spouse;
• Valid documents confirming the current residence of the parties involved;
• If there is a reason to believe that the litigant’s rights have been violated, relevant evidence or documents must be provided;
• Copy of birth certificate of common child (if any);
• Documents related to common property if requesting property division between husband and wife.

Procedure for divorce when the husband is abroad

Divorce when the husband is abroad needs to be done according to a specific legal procedure. Below are the steps for you to carry out divorce procedures in this case, along with the corresponding legal basis:

Step 1: Determine the husband’s condition

• Husband cannot return to Vietnam: If the husband cannot return to Vietnam for objective reasons, he can request the Court to postpone the trial according to Clause 2, Article 227 of the Code of Civil Procedure 2015.
• Unable to contact the husband: If the husband’s place of residence cannot be determined, the wife can request the Court to request a foreign competent authority to determine the husband’s address or request to declare him missing according to Article 473 of the Code of Civil Procedure 2015.

Step 2: Handle the case where the husband intentionally does not attend the trial

• If the husband intentionally does not participate or does not provide an address, the Court will judge in his absence (Point b Clause 2.1 Article 2 Section II Circular 01/2003/NQ-HDTP).
• After the trial, the Court will post a copy of the judgment at the headquarters of the Commune People’s Committee where the husband last resided so that the wife can exercise her right to appeal.

Step 3: Attach supporting documents

• If the husband cannot be contacted or has no information about his residence, the wife can request the Court to declare her husband missing according to Article 68 of the Civil Code 2015.
• Once declared missing, this document will be attached to the unilateral divorce file.

Step 4: Handle without your husband’s cooperation

• If the husband does not participate or refuses to provide information, the Court will continue the trial in absentia and make a judgment on divorce according to Clause 2, Article 227 of the Code of Civil Procedure 2015.

Step 5: Exercise your right to appeal

• After the Court issues a divorce decision, the husband’s relatives have the right to appeal according to Article 271 of the Code of Civil Procedure 2015.

>>> Reference: Instructions on divorce procedures involving foreign elements in Vietnam.

Consulting and support services for implementing divorce procedures in Long Phan

Long Phan is ready to accompany you in resolving divorce procedures with your husband who is abroad, ensuring that your rights will be protected and the procedure will be carried out quickly and according to regulations.

Long Phan’s services include:

• Advise and provide detailed information on procedures, steps to be taken, documents to prepare and related legal basis.
• Instructions for preparing and submitting divorce documents: including divorce petition, documents proving residence, property documents, and other documents required by the Court.
• Advise, guide specific steps and support submitting requests to the Court.
• Support to verify the husband’s address abroad when he cannot be contacted or does not know his place of residence, request the Court to verify the husband’s address through competent authorities abroad.
• Supporting trial procedures in absentia when the husband intentionally does not attend the trial.
• Providing advice on how to divide common property and child custody, ensuring your rights.

With a team of experienced consultants, Long Phan will provide the most dedicated, quick and effective support in divorce procedures with husbands abroad. Please contact us via the hotline: 0906735386 today for detailed advice and support in resolving divorce procedures with foreigners! Don’t let complicated legal procedures hinder your rights.