Divorce Involving Foreign Elements In The Event Of The Absence Of A Spouse In Viet Nam

When conducting divorce procedures, many couples have the same question whether to resolve a divorce involving foreign elements in the absence of a spouse? In this article, Apolo Lawyers - Solicitors & Litigators (Tel: (+84) 903.419.479) will help you answer the question about divorce proceedings involving foreign elements in the absence of a spouse according to current law.  

Along with the global integration, marriage and family relations involving foreign elements have increased significantly. Therefore, the legal issues relating to divorce involving foreign elements are becoming popular and always need to be consulted.  

1. Can a spouse be absent in a divorce involving foreign elements?   

When settling a request for divorce, if either party is absent for divorce proceedings, the absent party can apply for divorce in absentia. In the application, you must present the reason for your absence, request a Vietnamese court to judge in your absentia and commit that you will not dispute anything later. The document needs to have a signature authenticated by a competent authority and must be legalized by a general consulate. 

In case the involved parties are abroad, the court will entrust the judiciary to the Vietnamese consular offices abroad or the foreign courts to conduct civil procedures. 

2. How many times can divorce involving foreign elements be absent?

In case the husband or wife has an application for trial in their absence or  representative attends the court hearings, the Court will continue the trial. 

In case the husband and wife do not have an application for trial in their absence do not have a representative to attend the court hearings  

• If he/she is absent for the first time, the court will postpone trial 

• If he is absent for the second time, the Court should consider that 

The court may postpone the trial if he is absent due to an event of force majeure or other objective hindrance

If the party who requests for divorce is absent, the Court will suspend the divorce request. If the party requested for divorce is absent, the court still will continue the trial. 

If you have any questions, do not hesitate to contact us via Apolo Lawyers - Solicitors & Litigators or Hotline: (+84) 903.419.479  for detailed information. 

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