Navigating Unilateral Divorce When a Spouse Relocates Abroad

1. Navigating Unilateral Divorce When a Spouse Relocates 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 a divorce with foreign elements. So what are the procedures and procedures in case of unilateral divorce with someone abroad?

2. Unilateral divorce regulations for people residing abroad

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

Topic requesting unilateral divorce
Unilateral divorce or divorce at the request of one party occurs when one of the parties files for divorce.
According to Article 51 of the 2014 Law on Marriage and Family, subjects requesting unilateral divorce are:

One party or both spouses 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. Unilateral divorce procedures for people living abroad

Filing for divorce can be done directly at the court or at the post office. The petition includes:
Divorce petition (according to form)
Marriage certificate (original)
Household registration book, ID card (notarized copy)
Child's birth certificate (notarized copy - if available)
Other documents and evidence proving joint ownership such as: land use rights certificate, vehicle registration certificate, etc. (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 the 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. A number of problems arise when people divorce unilaterally abroad. When a woman does not know that her husband resides abroad, how will the unilateral divorce procedure take place? When the wife does not know her husband's whereabouts or work address abroad, she can file a lawsuit with the People's Court of the province or city where she resides or works to resolve the issue. 5. What should parties do if a person abroad refuses to provide a residential address? When divorcing, if the husband resides abroad and the wife resides domestically, she can file an application with the Provincial People's Court according to the provisions of Article 37 of the 2015 Civil Procedure Code (Procedure Code). 

According to Official Dispatch (Document) No. 253 of the Supreme People's Court, a wife can get her husband's address and information through relatives if she does not know her husband's address at a 'stranger's' house. In case the husband's relatives still refuse to provide this information after two (2) legal requests, the court will adjudicate in the husband's absence according to general procedures.
Which court has the authority to handle divorce for people living abroad? According to Clause 2, Section 29, Clause 3, Section 35 and Clause 1, Section 37 of the 2015 Civil Procedure Code (Civil Procedure Code 2015), the authority to resolve divorces involving foreign elements belongs to the Court. high-ranking people. highest level. province where the spouse resides in Vietnam before going abroad to resolve this issue.. 

5. Why should professionals use ACC Law Firm's divorce Service?

• Legal Expertise: ACC Law Firm specializes in family and divorce law, ensuring that professionals receive expert legal guidance and support throughout the divorce process.

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• Legal Compliance: Divorce involves numerous legal requirements and paperwork. ACC Law Firm ensures that all documentation is completed accurately and submitted on time, preventing potential delays or legal issues.

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• Conflict Resolution: Divorce can be contentious, but ACC Law Firm is experienced in conflict resolution. They work to minimize disputes through negotiation, mediation, and alternative dispute resolution methods, reducing the need for costly litigation.

• Child Custody and Support: For divorcing professionals with children, ACC Law Firm assists in establishing fair and workable child custody and support arrangements, always prioritizing the best interests of the children.

• Asset Division: ACC Law Firm helps professionals navigate the complex process of dividing marital assets and debts, ensuring an equitable distribution according to the applicable laws.

Q&A

Question 1: What are the basic conditions for unilateral divorce?

Answer 1: To file for a unilateral divorce, you must meet certain requirements, including residence and legal grounds for divorce as prescribed by law in your jurisdiction

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

Answer 2: Residency requirements vary by jurisdiction, but generally, you or your spouse must have resided in the jurisdiction where you filed for divorce for a certain period of time, such as six months to a year.

Question 3: What is the legal basis for unilateral divorce?

Answer 3: Legal grounds for unilateral divorce can include many different factors such as irreconcilable differences, abandonment, cruelty, adultery or other legitimate reasons according to regulations of local divorce laws.

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

Answer 4: The specific documents and evidence required for an uncontested divorce may vary by jurisdiction, but generally you will need to provide a completed divorce petition or complaint, marriage certificate, proof of residency, financial records, and any evidence that supports your grounds for divorce. A lawyer or local auditor should be consulted.