Divorce When a Foreign Spouse Returns to Their Home Country: How to Resolve Disputes in Vietnam
Divorce cases involving a foreign spouse who has left Vietnam often present major legal challenges — jurisdiction, verification of identity, service of court documents, child custody, and division of property. This article helps you understand how to resolve cross-border divorce disputes in Vietnam, from identifying the competent court to following the proper legal process and handling key procedural issues.
1. Legal Issues in Divorce When the Foreign Spouse Has “Returned Home”
1.1 Common Difficulties
When a foreign spouse leaves Vietnam and cannot be located, several problems may arise:
Unclear residence or employment address, making it difficult for the court to deliver summons or notifications.
Missing original documents, such as marriage certificates or residence permits, needed to prove the marital relationship.
Difficulty verifying the respondent’s intent or position, especially if the foreign spouse does not reply.
Risk of case suspension or rejection if the court cannot determine jurisdiction or the respondent’s whereabouts.
Complex disputes over child custody, alimony, or property division, since one party is absent and cannot defend their rights.
Such challenges require the petitioner to have a clear evidence strategy and choose a court with proper jurisdiction.
1.2 Legal Grounds and Jurisdiction
The 2014 Law on Marriage and Family allows either spouse—or both—to request a court to settle a divorce involving a foreign element.
The 2015 Civil Procedure Code governs jurisdiction, service of process, and judicial entrustment in cases with foreign factors.
According to the law, the People’s Court at the provincial level has original jurisdiction over divorce cases involving foreign elements (except in specific border cases).
If the respondent’s residence is unknown, the petitioner may file the case at the court where they reside, where the respondent last resided, or where the respondent’s assets are located.
If the marriage certificate was issued by a foreign authority, it must be consularly legalized and registered in Vietnam’s civil status records for use in court.
Therefore, choosing the right court must comply with jurisdictional rules and the specific situation of the absent foreign spouse.
2. Procedures for Divorce When the Foreign Spouse Is Absent
2.1 Determine the Type of Divorce: Mutual Consent or Unilateral
Mutual consent divorce: applies when both parties agree on divorce, asset division, and child custody. If the foreign spouse cannot attend, they must submit a written request for trial in absentia.
Unilateral divorce: occurs when only one party files for divorce, or the parties cannot reconcile. If the foreign spouse is absent, the court will verify the grounds and conditions to proceed without their presence.
2.2 Required Documents
Whether mutual or unilateral, when the foreign spouse has left Vietnam, the following documents are essential:
Petition for recognition of mutual consent divorce or statement of claim for unilateral divorce.
Marriage certificate (original or certified copy). If issued abroad, it must be consularly legalized and registered in Vietnam.
Identification documents: ID card or passport of both spouses (certified copies).
Birth certificate(s) of the children, if any. Foreign-issued certificates must be legalized and registered.
Proof of joint property or debt, if requesting division.
Request for trial in absentia, if the foreign spouse cannot appear in court.
Documents verifying residence, temporary or permanent stay in Vietnam, if applicable.
A complete and properly prepared file will make court acceptance and trial much smoother.
2.3 Filing and Acceptance by the Court
The file can be submitted directly, by post, or through an authorized representative or lawyer.
The court reviews the documents within about 7–8 working days. If incomplete, the court will request corrections or additions.
Once valid, the court issues a notice of temporary court fee payment and formally accepts the case.
The court proceeds to trial: in mutual consent cases, no mediation is required if one party is absent; in unilateral cases, the court investigates the marital conflict, reasons for divorce, and serves papers abroad if possible.
A judgment or decision is issued and becomes effective after the appeal period expires.
2.4 Effectiveness and Registration of Divorce
The divorce judgment takes effect once the appeal period ends.
If the marriage was registered abroad but the divorce is granted in Vietnam, you must record (register) the divorce in Vietnam’s civil status database to make it legally recognized domestically.
If the foreign court has already issued a divorce decree and you wish to have it recognized in Vietnam, you must apply for consular legalization or non-recognition depending on compliance with Vietnamese law.
3. Practical Solutions and Post-Divorce Considerations
3.1 Verifying Address and Service of Process
A critical step is determining the correct address of the foreign spouse so the court can serve documents. If the person has left Vietnam and cannot be located:
Use their last known address, marriage registration information, passport details, or former workplace for verification.
Request the court to proceed with trial in absentia after demonstrating due diligence in locating the person.
Seek assistance from diplomatic or consular authorities through judicial entrustment to verify or serve documents abroad.
3.2 Protecting Child Custody and Support Rights
The petitioner should provide evidence of income, employment, and living conditions to justify reasonable child support or custody arrangements.
If both parties have a written custody agreement (even if one is abroad), it should be submitted to the court for recognition.
If the foreign spouse fails to fulfill child support obligations after the judgment, international enforcement may be required via cooperation with foreign judicial or diplomatic agencies.
3.3 Division of Property (Especially Property in Vietnam)
Property located in Vietnam will be handled under Vietnamese law.
Property located abroad will be subject to the law of the country where it is situated; recognition may be required through separate proceedings abroad.
Agreements between the spouses on property division will be upheld if they do not harm the legitimate rights of either party.
3.4 Engage a Lawyer Experienced in Cross-Border Divorce
A lawyer can help verify identity, handle international service of process, and legalize foreign documents.
They can assist in gathering and submitting evidence so the court can easily accept and adjudicate the case.
A lawyer can represent you in court and protect your rights regarding child custody, alimony, and property disputes.
4. Conclusion
Divorcing when a foreign spouse has “returned home” is legally complex — but entirely feasible if you understand the proper procedures, jurisdiction, and documentation requirements. To minimize risks:
Identify the correct court (provincial level).
Legalize and properly register all foreign-issued documents (marriage, birth certificates).
Verify the foreign spouse’s last known address and request a trial in absentia if necessary.
Make clear agreements on custody and property division whenever possible.
Work with an experienced lawyer to handle international procedures and disputes.
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