A Typical Case: Vietnamese Wife, Foreign Husband, and an “Online” Divorce
In the context of international marriages, many couples—particularly Vietnamese wives and foreign husbands—have opted for “online divorce” when the husband resides abroad and cannot return to Vietnam for the court hearing. But is this process effective and legally secure? This article analyzes a typical case and provides detailed guidance on procedures, jurisdiction, and the pros and cons of proceeding with an “online” divorce in Vietnam.
1. The Situation and Why “Online Divorce” Is Chosen
With a rising number of marriages between Vietnamese citizens and foreigners, the demand for divorce involving foreign elements has also increased. In cases where the foreign husband cannot be physically present at court, authorizing a lawyer to represent him in an "online" process has become a popular and practical option.
According to the 2014 Law on Marriage and Family and the 2015 Civil Procedure Code, divorce involving foreign elements is handled by a provincial-level People’s Court. If the foreign spouse cannot return to Vietnam, authorizing a lawyer to act on their behalf—file the petition, participate in mediation, submit documents, and receive the judgment—is entirely lawful and permitted.
2. Phase 1: Preparing the Documents – A Critical Step
2.1. Complying with the Latest Legal Requirements
As per the latest guidance from LuatVietnam, a divorce case with foreign elements requires a comprehensive set of documents, especially consular legalization of foreign documents such as the marriage certificate or previous divorce decrees. This is a crucial requirement when the husband is residing abroad.
2.2. The Role of Lawyers and Online Authorization
According to DEDICA Law Firm—a reputable legal service provider—lawyers will:
Verify the legality of the marriage certificate, the foreign husband's passport, and confirm his address and actual residence abroad.
Handle consular legalization quickly and in accordance with the law.
Be authorized to complete the entire procedure: from filing the petition to participating in mediation and attending court hearings on behalf of the absent spouse.
3. Phase 2: Court Receives Documents and Conducts “Online” Mediation
3.1. Court Submission
The provincial court (in the area where the Vietnamese spouse resides) receives the full dossier as required by law. If the file is incomplete, the court will notify the petitioner for additions. Normally, this step takes 7–15 working days.
3.2. Mediation Without the Husband's Presence
If one or both parties are absent, an authorized lawyer can attend the session. The court will still conduct mediation after verifying the dossier is complete. If mediation is successful, the court will issue a divorce decision within approximately 7–8 days.
Note: If mediation fails, the court will continue with standard proceedings based on the submitted documents.
4. Phase 3: Legal Basis for Divorce Without Physical Appearance
According to DEDICA, divorce by authorization is legally valid if one spouse is truly living abroad and cannot return to Vietnam. The process includes:
Verifying the spouse’s address and residency status via email, documents, or confirmation from local authorities abroad.
Legalizing foreign documents and authorizing a lawyer in Vietnam.
The lawyer then handles all steps, including filing fees, mediation sessions, submitting notices of absence, and receiving the final court decision.
If documents are accurate and complete, the process is usually efficient and has a high success rate for mediated settlement.
5. A Typical Case Supported by DEDICA
One real case involved a Vietnamese wife living in Ho Chi Minh City and her German husband working in Berlin. Both agreed to a mutual divorce. DEDICA handled the case by:
Verifying the husband’s address through local networks in Germany.
Completing the consular legalization of the marriage certificate and obtaining full authorization from the husband.
Representing the wife to file documents, participate in mediation, and successfully receive the divorce decision within just 8 days from the HCMC People’s Court.
6. Recommendations for Those Pursuing “Online Divorce”
Prepare clean, complete documents early, including translation and consular legalization.
Choose a lawyer with experience in international authorization procedures—such as DEDICA.
Cooperate closely with the other party to ensure successful mediation.
Verify the foreign party’s current status via email or official address confirmation.
Include official notes of absence if the foreign spouse cannot return to Vietnam.
7. Conclusion
“Online” divorce for couples where the husband lives abroad is entirely feasible in Vietnam—provided the documents are well-prepared and a professional lawyer handles the procedure. Practical experience from typical cases shows that this is a quick, effective, and cost-saving solution.
If you are in a similar situation, I—on behalf of DEDICA—am ready to support you from A to Z: from consular legalization consultation, foreign address verification, document preparation, court representation, to receiving the final judgment. Our goal is to protect your family’s rights and interests to the fullest extent under Vietnamese law.
Contact DEDICA Law Firm for expert legal consultation!
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