Can You Hire a Lawyer in Vietnam to Handle Your Divorce While Living in Canada?
When distance doesn’t reduce the need to end a marriage
In today’s era of globalization, it is no longer unusual for married couples to live apart due to immigration, study, or work abroad – especially between Vietnam and Canada. However, when marital conflicts become irreconcilable, many people face a “difficult” situation: Can I hire a lawyer in Vietnam to handle my divorce while I am living in Canada?
The answer is absolutely yes – provided that you understand the legal requirements and know how to prepare the necessary documents and authorize an appropriate lawyer.
1. Legal basis for remote divorce
According to Article 127 of the 2014 Law on Marriage and Family and the 2015 Civil Procedure Code, a divorce involving foreign elements (in which one or both spouses are in Canada) can still be resolved by a Vietnamese court if one of the following conditions is met:
One of the spouses is a Vietnamese citizen.
The marriage was lawfully registered in Vietnam or in Canada but has been officially recorded in the Vietnamese civil status registry.
The couple does not have a common place of residence abroad, or the respondent (the spouse being sued) resided in Vietnam before moving overseas.
Jurisdiction belongs to the provincial-level People’s Court where the respondent resides, or where the petitioner resides if the respondent is not present in Vietnam.
This means that even if you are in Canada, as long as jurisdictional requirements are met, a lawyer in Vietnam can represent you to carry out the entire procedure.
2. Applicable forms of divorce
2.1. Mutual consent divorce
Both parties agree to end the marriage and have reached an agreement on child custody and property division. If one spouse is in Canada, you can prepare an Application for Trial in Absentia or a Power of Attorney for your lawyer.
2.2. Unilateral divorce
One party requests to end the marriage due to serious conflicts. The lawyer will represent you in legal proceedings, gather evidence, and attend mediation and trial sessions in Vietnam.
3. Documents needed for divorce from Canada
Depending on the case, the required documents may vary, but generally include:
Divorce petition (mutual consent or unilateral).
Marriage certificate (original). If the marriage was registered in Canada, it must be consular legalized and translated into Vietnamese.
ID/Passport of both spouses (certified copies).
Household registration book or residence confirmation of the spouse in Vietnam.
Children’s birth certificates (if any).
Documents proving common assets and debts (if you request settlement).
Power of Attorney for a lawyer in Vietnam – notarized at the Vietnamese Consulate in Canada.
Legalization and translation of documents are mandatory for the Vietnamese court to accept your case.
4. Process of handling through a lawyer in Vietnam
Consultation & file review: The lawyer assesses jurisdiction, the appropriate type of divorce, and the required documents.
Sign a service contract and Power of Attorney: The spouse in Canada signs a Power of Attorney for the lawyer in Vietnam via the Vietnamese Consulate.
File submission to court: The lawyer submits the file to the provincial-level People’s Court.
Case acceptance & mediation: The court schedules a mediation session; if one party is lawfully absent, the lawyer attends on their behalf.
Trial and decision: In mutual consent divorces, the court may issue a decision without a formal trial.
Receive judgment/decision: The lawyer collects and sends the judgment to the client in Canada.
5. Benefits of hiring a lawyer in Vietnam
Save time and travel costs: No need to return to Vietnam for court sessions.
Avoid legal errors: The lawyer ensures your file is complete and valid from the start.
Protect personal privacy: All sensitive information is kept confidential.
Faster resolution: Avoid delays due to incomplete or incorrect documents.
6. Important notes
If the marriage was registered in Canada but not recorded in Vietnam, you must register the marriage record before filing for divorce.
The Power of Attorney for your lawyer must be consular legalized and translated into Vietnamese.
Divorce with foreign elements generally takes longer than domestic divorce (typically 4–6 months or more).
If there is a property dispute in Canada, the Vietnamese court will only handle property located in Vietnam.
Conclusion
Hiring a lawyer in Vietnam to handle your divorce while living in Canada is both legal and feasible, saving you time, effort, and costs. With proper preparation of documents, a legally valid Power of Attorney, and the right legal partner, you can complete the entire process without having to return to Vietnam.
Contact DEDICA Law Firm for expert legal consultation!
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