Divorce Between a Vietnamese Citizen and a Foreigner When Both Parties Are Absent: Is It Legally Possible?
In a notable case tried by the People's Court of H Province in April 2024, Ms. H, a Vietnamese citizen, filed for divorce from Mr. L, a South Korean national. What’s remarkable is that both the petitioner and the respondent were absent from the trial, yet the divorce was legally granted. This raises an important question: when one or both parties are absent, is divorce from a foreign spouse still possible?
1. Marriage Involving a Foreign Element Requires Compliance with Dual Legal Systems
The case of Ms. H and Mr. L exemplifies a marriage with a foreign element. The couple was married at the South Korean Embassy in Vietnam, and the marriage was recorded by the H Department of Justice. Therefore, their union is recognized under Vietnamese law.
However, in the event of a dispute—especially divorce—legal proceedings must comply with both domestic civil procedures and international legal protocols, including judicial entrustment and document service via the Ministry of Justice and diplomatic representatives.
2. Divorce When the Foreign Respondent Does Not Cooperate
Mr. L, the respondent, was entirely absent and did not respond despite being properly served. This presented a significant challenge for Ms. H. However, because the legal process—from judicial entrustment to posting at the Vietnamese Embassy—was correctly followed, the court had sufficient grounds to proceed with the case in their absence.
Divorce in the absence of both parties is only feasible if:
Legal service of court documents is conducted in compliance with the law;
There is evidence of long-term marital discord, separation, and lack of mutual care;
At least one party formally requests an in-absentia trial.
3. No Shared Children or Property – A Smoother Legal Process
In this case, Ms. H made no claims regarding children, property, or financial obligations, allowing the court to process the case swiftly and clearly. However, not all international divorce cases are this straightforward. In reality, many are prolonged for years due to cross-border custody or asset disputes, or due to deliberate non-cooperation by the respondent.
DEDICA’s Advice on Divorce Involving a Foreign Spouse
As a legal firm with extensive experience assisting clients in international divorce cases, DEDICA offers several essential tips for those facing similar situations:
1. Collect and Preserve Complete Marriage Documentation
This includes marriage certificates, civil registry entries from Vietnamese authorities, personal identification, and especially the current foreign residence address of the spouse.
2. Be Persistent in Judicial Entrustment Procedures
Serving legal notice across borders requires time and procedural accuracy. DEDICA strongly recommends working with a lawyer to liaise with the Ministry of Justice and relevant embassies to avoid procedural errors.
3. Don’t Hesitate to Request an In-Absentia Trial When Necessary
If the respondent is uncooperative or unreachable, requesting an in-absentia trial is a logical step to avoid long delays—especially when the marriage has irreparably broken down.
4. Pay Attention to Appeal Rights
Both parties have the right to appeal within the legally prescribed timeframe (15 to 30 days, depending on the party). This is a crucial legal point to monitor in case either party wishes to contest the court's decision.
Conclusion: Divorce from a foreign spouse is complex but entirely feasible if you understand the legal framework and have a proper strategy.
DEDICA takes pride in being your comprehensive legal advisor, supporting you through every step—from preparing documentation, managing judicial entrustment, to representing you in court. We have helped many clients successfully finalize their divorces with foreign spouses, even when both parties have lost contact.
Contact DEDICA Law Firm for expert legal consultation!
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