CAN I GET A DIVORCE WHILE MY HUSBAND IS ABROAD?

Answer:

Thank you for sending your questions to FDVN Law Firm (FDVN). For the consulting requests of customers, after researching the relevant legal regulations, we have the following information to exchange: 

Firstly, according to Clause 1, Article 51 of the Law on Marriage and Family 2014, the husband, the wife or both have the right to request the Court to settle the divorce. Therefore, if the party (the husband or the wife) does not agree to sign the application, the other party can file a divorce petition at the request of one party.

Secondly, the grounds for applying for a unilateral divorce are specified in Article 56 of the Law on Marriage and Family 2014:

When a spouse requests a divorce and the conciliation at a court fails, the court shall permit the divorce if it has grounds to believe that a spouse commits domestic violence or seriously infringes upon the rights and obligations of the husband or wife, which seriously deteriorates the marriage and makes their common life no longer impossible and the marriage purposes unachievable "

 Specifically:

• It is considered a serious marital status when:

• Husband and wife do not love, respect, care for and help each other like someone who only knows his or her duties, leaving the wife or husband to live as they want to live, have been conciliated by their relatives or friends. agencies, organizations, reminders conciliation many times.
• Husband or wife always have abusive behavior, torture each other, such as frequent beatings, or other acts that offend each other's honor, dignity, and reputation, which have been reported by their relatives or the agencies, organizations, and mass organizations reminded and conciliated many times. 
• Husband and wife are not faithful to each other such as having an adulterous relationship, have been reminded and advised by the wife or husband or their relatives or agencies, organizations, but still continue to have an adulterous relationship.

• In order to have a basis to determine that the husband and wife's common life cannot be prolonged, it must be based on whether the current situation of the husband and wife has reached a serious level as mentioned above or not. If the fact shows that they have been reminded and conciliated many times, but still continue to have an adulterous relationship, or continue to live apart, abandon each other or continue to abuse and insult each other, then there are grounds to conclude that the husband and wife's life together cannot be prolonged.
• The purpose of marriage is not achieved which means there is no conjugal relationship; unequal obligations and rights between husband and wife; no respect for the honor, dignity, and prestige of the spouse; no respecting the freedom of belief and religion of husband and wife; do not help, create conditions for each other to develop in all aspects.

Thirdly, a competent state agency to resolve divorce

According to Clause 25, Article 3 of the Law on Marriage and Family 2014: “25. Marriage and family relationships involving foreign elements mean the marriage and family relation in which at least one partner is a foreigner or an overseas Vietnamese or in which partners are Vietnamese citizens but the bases for establishing, changing, or terminating that relationship are governed by foreign law, or that relation arises abroad or the property related to that relation is located abroad.”

According to this regulation, the marriage relationship between your husband and you is a marriage relationship with foreign elements.

           Then, based on Clause 1, Article 28, Clause 3, Article 35, Article 37, and Clause 1, Article 40 of the 2015 Civil Procedure Code, the provincial court where you reside has the authority to settle your divorce request.

Fourthly, about divorce procedures with foreign elements

Step 1: Prepare and submit your application

To make a divorce with foreign elements, the documents you need to prepare to include:

• Petition for divorce.
• Original or copy of Marriage Certificate;
• Identity card/Citizen identity card or passport (certifying true copies of the originals).
• A copy of the child's birth certificate (if there are children).
• Certifying true copies of the originals and documents on property ownership (if there is a property dispute).
• Documents proving that one party is abroad (if any).

After you have prepared the dossier, you submit the dossier to the competent court.

Step 2: Check the validity of the dossier and accept the case

Within the statutory time limit, the Court examines the file, if the dossier is complete and valid, the Court will send a notice of court cost advance, except for cases that the court fee advance is exempt. 

According to the Court's notice, you contact the civil judgment enforcement agency and pay the court fee in advance; then file the fee advance receipt to the Court. The court shall carry out the acceptance procedures in accordance with the law.

Step 3: Participate in the legal proceedings of the case according to the law

Above is FDVN LAW FIRM’s opinion for your consulting requests based on researching the relevant legal provisions. Hopefully, FDVN’s advice would be helpful to you.

Phan Duc Huynh – Law Firm FDVN

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