Divorce unilaterally when the wife is abroad

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1. Divorce unilaterally when the wife is abroad

Divorce is the last option when marital life (marital life) becomes serious and does not achieve the common goal of marriage. If one of the parties is a foreigner and has assets abroad, it is considered a divorce with foreign elements. So what are the procedures and procedures for unilateral divorce with people abroad?

2. Regulations on unilateral divorce for people living abroad

Vietnamese law stipulates a number of regulations on unilateral divorce for people residing abroad:

Subjects needing unilateral divorce

Unilateral divorce or divorce at the request of one party is when either party requests a divorce

According to Article 51 of the 2014 Law on Marriage and Family, subjects who request unilateral divorce are as follows:

Either spouse or both have the right to request the Court to resolve the divorce. Parents or other relatives of the parties (husband or wife) are entitled to require the Court to resolve the divorce if the husband or wife has mental illness or other illness that prevents awareness or control over their own behavior, and simultaneously they are also victims of domestic violence caused by their husband or wife that significantly affects their life, health, and spirit. According to Clause 2 of this Article: The husband is not entitled to require the Court to implement divorce if the wife is pregnant, has given birth, or is raising children under twelve (12) months of age.
On the other hand, when making a requirement for the divorce, it needs a basis to demonstrate that married life (conjugal life) became serious and failed to achieve the common goals of marriage, as follows:

One of the two parties has domestic violence behavior;
The wife or husband significantly breached their rights and obligations (love, loyalty, respect, care, help, and living together, except as otherwise agreed)
Legal basis: Article 56 of the Law on Marriage and Family 2014.
Therefore, the wife, the husband, or other relatives can require the Court to implement the unilateral divorce (if this request satisfies the conditions regulated by the Law)
If defendant has residence (permanent residence or temporary residence) in Vietnam, the Provincial or City People’s Court, where the defendant resides or works, will have the competence to handle and resolve;
If don’t know the defendant’s residence or work, the Provincial People’s Court, where the defendant last resides or works, or has assets, will have the competence to handle and resolve;
If the defendant doesn't have residence (permanent residence or temporary residence) in Vietnam, the Provincial or City People’s Court, where the defendant resides or works, will have the competence to handle and resolve it.

3. The procedures for unilateral divorce with a person staying abroad

Filing a petition for the divorce can be done directly at the Court or the Post. The petition includes:
Divorce petition (according to form)
Marriage certificate (original)
Household registration book, ID card (certified copy)
Child's birth certificate (certified copy - if available)
Other documents and evidence proving common property such as: land use rights certificate, vehicle registration... (certified copy)

4. Some other documents

When the husband is abroad, can the wife get a unilateral divorce? From the information provided, it can be concluded that the wife always has the right to request the court to unilaterally resolve a divorce when her husband is abroad. However, a unilateral divorce involving a foreign element will often be more difficult when the husband is at home. The procedure in this case is completely complicated, so it is necessary to choose a professional lawyer to advise and resolve the problem.
Some problems arise when unilaterally divorcing people abroad. When the wife does not know that her husband resides abroad, how will the unilateral divorce procedure take place? When the wife does not know clearly the address of her husband's residence or workplace abroad, she can file a lawsuit with the People's Court of the province or city where she resides or works to resolve the matter.

5. What should parties do if a person abroad refuses to provide a residential address?

When performing a divorce, if the husband resides abroad and the wife resides in the country, she can file a request with the Provincial People's Court according to the provisions of Article 37 of the 2015 Civil Procedure Code (Procedure Code). civil 2015).

According to Official Dispatch (Document) No. 253 of the Supreme People's Court, the wife can find out her husband's address and information through his relatives if she does not know her husband's address abroad. In case the husband's relatives still refuse to provide this information after two (2) court requests, the court will adjudicate in the husband's absence according to general procedures.

Which court has the authority to resolve divorce issues for people living abroad? According to Clause 2, Article 29, Clause 3, Article 35 and Clause 1, Article 37 of the 2015 Civil Procedure Code (Civil Procedure Code 2015), the authority to resolve divorces involving foreign elements belongs to the People's Court at the highest level. province where the spouse resides in Vietnam before going abroad to resolve this issue. 

Q&A

Question 1: What are the key requirements for initiating a unilateral divorce?

Answer 1: To file for a unilateral divorce, you need to meet certain requirements, including residency and legal grounds for divorce, depending on the laws of your jurisdiction.

Question 2: Can you explain the residency requirement for a unilateral divorce?

Answer 2: Residency requirements vary by jurisdiction, but typically, you or your spouse must have been a resident of the area where you are filing for divorce for a specified period, such as six months to a year.

Question 3: What are the legal grounds for a unilateral divorce?

Answer 3: Legal grounds for a unilateral divorce can include various factors, such as irreconcilable differences, abandonment, cruelty, adultery, or other valid reasons defined by local divorce laws.

Question 4: What documents and evidence are typically needed for a unilateral divorce?

Answer 4: The specific documents and evidence required for a unilateral divorce may vary by jurisdiction, but generally, you'll need to provide a completed divorce petition or complaint, your marriage certificate, proof of residency, financial records, and any evidence supporting your grounds for divorce. It's advisable to consult with a local attorney or check your jurisdiction's requirements for precise details.

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