Can You File for Divorce in Vietnam When Your Husband is in France?
Are you wondering: can you file for divorce in Vietnam if your husband is living in France? This article compiles the latest legal updates to guide you through the process in a clear, accurate, and easy-to-understand manner.
1. Is a Divorce with a Husband Living in France Considered a Divorce with Foreign Elements?
According to Article 127 of the Law on Marriage and Family 2014, if one spouse is a Vietnamese citizen and the other is a foreign national or a Vietnamese living abroad (e.g., in France), the divorce is considered to involve foreign elements.
If you (the wife) still reside in Vietnam and want to divorce your husband who is living in France, the case can still be handled in Vietnam, following Vietnamese law, unless both parties have established a common residence in France.
2. Jurisdiction in Divorce Cases Where the Husband is in France
2.1 Which Court Has Jurisdiction in Vietnam?
– Mutual consent divorce: If both parties agree to the divorce and have settled all matters regarding property, child custody, and support, the People's Court at the provincial level where either party resides or works in Vietnam has jurisdiction.
– Unilateral divorce: If you wish to file for divorce without mutual consent due to unresolved issues or serious violations of marital obligations by your husband, the provincial-level People's Court where the respondent last resided or worked in Vietnam will have jurisdiction.
In special border-residence cases, a district-level court may have jurisdiction. However, if the husband is abroad (in France), the appropriate court is always the provincial-level court in Vietnam.
3. Conditions and Required Documents
3.1 Conditions for Divorce
Mutual Consent Divorce:
Both spouses agree to divorce;
Clear agreement on division of assets, child custody, and support;
Agreement must protect the legitimate rights of the wife and children (if any).
Unilateral Divorce:
One spouse files for divorce;
Attempted court mediation failed;
Valid grounds such as domestic violence or serious marital violations making the marriage unsustainable.
3.2 Required Documents
Divorce petition or mutual consent divorce request (signed by both parties if mutual);
Original or certified copy of marriage certificate;
Certified copies of ID/passport and household registration or temporary residence certificate;
Birth certificates of common children (if any);
Documents proving the husband is in France (e.g., expired passport, confirmation from a diplomatic agency);
Documents related to common and separate property (if contested).
If you married in France under French law, you must legalize the marriage certificate through consular channels and register it in Vietnam before filing for divorce in a Vietnamese court.
4. Divorce Procedure in Vietnam
Step 1: Prepare Documents
Collect and complete all required documents. If the husband in France cannot sign the petition, he can send a notarized absence consent or petition through the Vietnamese Embassy or Consulate in France.
Step 2: Submit to the Provincial Court
File the divorce petition with the provincial-level People's Court with jurisdiction (where you reside or where your husband last resided if unilateral).
Step 3: Court Review
The court reviews your application within 7–15 days. If accepted, you’ll be asked to pay a provisional court fee. If documents are missing, you’ll be asked to supplement.
Step 4: Mediation and Trial
Mutual consent: Usually handled through a simplified process, without separate mediation.
Unilateral: The court will attempt mediation. If unsuccessful, the case proceeds to trial. The court may schedule evidence review sessions and notify the husband in France via official channels.
Step 5: Receive Divorce Decision
The court typically issues a decision within 4–6 months. The divorce becomes legally effective once the judgment is signed and stamped by the court.
5. Important Notes on Filing for Divorce in Vietnam in This Scenario
If your marriage was registered under foreign law, you must first register it in Vietnam before filing for divorce.
If the husband is unresponsive due to being in France, you must provide legitimate proof of his absence through a Vietnamese consulate or other legal channels.
Property in France is considered foreign property: Vietnamese courts only have authority over assets located in Vietnam. Division of assets in France must comply with French law or require judicial cooperation between countries.
Conclusion
You can file for divorce in Vietnam when your husband is in France if you are a Vietnamese citizen residing in Vietnam or if you no longer share a common residence in France.
The divorce will be treated as one involving foreign elements and will be handled by a Vietnamese court in accordance with the Law on Marriage and Family 2014 and the Civil Procedure Code 2015.
You can choose either mutual consent or unilateral divorce, depending on the circumstances.
Make sure to prepare a complete file, paying special attention to consular legalization, proof of your husband’s location in France, and property documentation.
The resolution period is typically 4–6 months, and jurisdiction belongs to the provincial-level court in Vietnam.
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