In the current economic situation, many families have relatives (wife or husband) who have to go abroad for work, business, and living for a long time. This leads to many couples who cannot stand the loneliness and lack of family affection in their own home and have to decide to divorce. Therefore, in the case that the husband is abroad, can the wife get a divorce?
SUNLAW Law Firm understands the problems that many couples are facing regarding divorce procedures involving foreign elements. With our team of skilled and professional staff in the field of marriage and family, we will solve the problem of divorce procedures for wives with husbands living abroad for our customers.
Situation
Dear Lawyer! I have a question about the divorce procedure with my husband who is abroad in my situation. I got married to my husband 2 years ago, then my husband was selected by the company to work in Korea for 1 year. But when my husband went to Korea, he did not want to return to Vietnam anymore and wanted to settle in Korea. So I would like to ask SUNLAW Lawyer about how to resolve and what is the divorce procedure with my husband who is abroad? I sincerely thank you, Lawyer.
Reply
Hello SUNLAW Lawyer! Thank you for trusting and sending your question to SUNLAW Law Firm. In your case, the Lawyer would like to answer that you can proceed with divorce from your husband who is abroad and based on the following legal provisions:
1. Legal basis for jurisdiction to resolve cases with foreign elements
Pursuant to Articles 28, 37, 39 and 469 of the 2015 Civil Procedure Code, the jurisdiction to resolve a divorce case involving foreign elements when one party is abroad and the other party is in Vietnam is the jurisdiction to resolve the case of the provincial People’s Court where the defendant resides. Therefore, you must submit your divorce application and accompanying documents to the provincial People’s Court where your husband resides in Vietnam before going to work in Korea.
Pursuant to Article 28 and Article 29 of the 2015 Civil Procedure Code, the settlement of marital and family disputes or requests regarding marital and family are under the jurisdiction of the Court. And Clause 3, Article 35 of the 2015 Civil Procedure Code stipulates:
– Disputes and requests regarding adultery, marriage and family as prescribed in Clause 1 and Clause 2 of this Article when the parties or assets are abroad or need to carry out judicial entrustment procedures to the Vietnamese Consulate in the country where the defendant is residing, to a foreign Court are not under the jurisdiction of the District People’s Court.
– Regulations on the jurisdiction of the Court at each level based on Article 36 of the Civil Procedure Code, divorce cases with foreign elements when one party is abroad or the property is abroad are under the jurisdiction of the Provincial People’s Court to resolve.
– The provisions on territorial jurisdiction of the Court for disputes on marriage and family are determined to be the Court where the defendant resides or works, if the defendant is an individual, or where the defendant has its headquarters, if the defendant is an agency or organization, as prescribed in Article 37 of the 2015 Civil Procedure Code. However, in cases where the defendant does not know his/her place of residence, work or headquarters in Vietnam, the provisions stipulate that the plaintiff has the right to choose the Court to resolve disputes on civil, marriage and family, business, trade and labor in the following cases based on Clause 1, Article 40 of the 2015 Civil Procedure Code:
- In case the defendant is abroad and his/her address cannot be determined, and there is no information about him/her (even his/her relatives do not have an address or information). about them). The court will issue a decision to temporarily suspend the settlement of the divorce case. According to regulations, when the defendant’s address cannot be determined, the court shall inform the parties that they have the right to file a lawsuit requesting the District Court where they usually reside and declare the defendant missing or dead according to the provisions of law.
- If through their relatives it is known that the defendant still has contact with relatives in the country, but the relatives of the defendant deliberately do not provide address, information of the defendant to the Court. They still did not comply with the request of The court informs the defendant to send statements and information to the court. This is a case where the defendant intentionally conceals his address, refuses to declare, and refuses to provide necessary information and documents.
- The court asked for the second time but their relatives still refused. provide the defendant’s address and information to the Court. Relatives of the party concerned still If the defendant refuses to comply with the Court’s request to notify the defendant, the Court will bring the divorce case to trial in the defendant’s absence according to the law.
- After the trial, the Court will immediately send a copy of the Judgment to the defendant’s relatives. or Order these persons to notify the defendant. At the same time, the Court The court shall publicly post a copy of the Judgment and Decision at the headquarters of the People’s Committee at the commune level where the defendant last resided and where the defendant’s relatives reside so that the litigant can exercise the right to appeal in accordance with the provisions of procedural law (point b, sub-section 2.1, Part II).
2. Divorce documents and procedures include:
- Petition for divorce.
- Marriage certificate (original).
- Permanent and temporary residence registration of the applicant (copy).
- Identity card, citizen identification card or passport copy (copy).
- Birth certificates of children (if any) (copy).
Filing of divorce documents: Provincial People’s Court, City directly under the Central Government where the parties are permanently or temporarily residing. Pursuant to Article 203 of the 2015 Civil Procedure Code, the maximum time for preparing for trial of a divorce case is 04 months. In case the case is complicated or has objective obstacles, the time limit will be extended but not exceeding 02 months. Within 01 month from the date of the decision to accept the divorce case, the Court must open a trial. In case of legitimate reasons, this time limit is 02 months. In practice, the time limit for resolving a divorce case may be shorter or longer than the time prescribed by the Law, depending on the nature of each case.
3. Legal basis for resolving unilateral divorce cases with foreign elements.
Vietnamese citizens in the country request unilateral divorce from Vietnamese citizens abroad (defendant) based on Article 56 of the 2014 Law on Marriage and Family as follows:
In case the husband or wife requests a divorce and the conciliation at the Court fails, the Court will grant the divorce. If there is a basis for the husband or wife to commit acts of domestic violence or seriously violate the rights and obligations of the husband and wife. Or the married life does not satisfy each other’s needs and does not bring happiness to each other. The above causes the marriage to fall into a serious situation, the common life cannot be prolonged, and the purpose of the marriage cannot be achieved.
The parties must prove that the above information is truthful and accurate. If the spouse of the person declared missing by the Court and the other person wants to request a divorce, the Court will grant the divorce.
Above is the consulting content about: the husband is abroad, can the wife get a divorce? If you still have questions, are unclear or need answers to other legal issues, please contact the online marriage and family law consulting lawyer to receive enthusiastic and dedicated advice from the Nha Trang Lawyers team – SUNLAW Law Firm.
