Divorce involving foreign elements is a common but complex procedure in Vietnam. Among them, divorce with a foreign spouse via authorization has become increasingly prevalent when one party is unable to attend court in person. This article will help you understand the conditions, procedures, and important legal considerations when proceeding with divorce in this form.

1. Types of Divorce with a Foreign Spouse

Vietnamese law classifies divorce involving a foreign element into two types:

Mutual consent divorce, where both spouses agree and reach consensus on asset division and child custody.
Unilateral divorce, requested by one party due to domestic violence, serious violations of marital obligations, or disappearance.

According to the 2014 Law on Marriage and Family, Articles 51 and 55, both forms of divorce are handled by courts in Vietnam.

2. When Is Authorization Needed in a Divorce?

Authorization in divorce is commonly applied when one party cannot be physically present in Vietnam, possibly due to living abroad, work obligations, health conditions, etc. The person in Vietnam can authorize a lawyer or a trusted individual to submit the application and represent them in court. The required documents include:

Request for trial in absence, certified by a diplomatic mission or consulate.
Legally valid authorization letter, certified in accordance with the law.

3. Jurisdiction of the Court

According to Article 35 of the 2015 Civil Procedure Code and Article 127 of the Law on Marriage and Family, divorce cases involving foreign elements are handled by provincial-level People’s Courts.

For mutual consent: the court where either spouse resides has jurisdiction.
For unilateral divorce: the court where the respondent resides; if unknown, the petitioner may choose a convenient location.

In border regions, the district-level court may have jurisdiction.

4. Conditions for Divorce via Authorization

To carry out a legally valid divorce via authorization, the following conditions must be met:

The marriage must be legally recognized in Vietnam:
- If registered abroad, a marriage registration record must be filed in Vietnam.
Valid authorization:
- The authorization document must be notarized or authenticated. If the authorized person is a foreigner, it must be certified at the Vietnamese embassy or consulate.
Complete documentation:
- Mutual consent or unilateral divorce petition.
- Marriage certificate, passport/ID card, residence/temporary residence certificate, child’s birth certificate (if applicable).
- Documents proving jointly owned property (if in dispute).
- Foreign documents must be translated into Vietnamese and legalized.
- Request for trial in absence and valid authorization letter.

5. Divorce Procedure Steps

Prepare documents: as outlined above.
Submit to the competent provincial court: either in person, via postal mail, or through an authorized representative.
Case review: The court reviews the file within 7–15 days. If incomplete, the applicant is asked to supplement within 7 days.
Advance court fees: About 300,000 VND if there’s no property dispute; if assets are involved, fees depend on their value.
Mediation & trial: The court organizes a mediation session. If mutual consent or mediation in unilateral cases fails, the trial will proceed. The absent party is represented. An interpreter is appointed if needed.
Judgment issuance: The decision takes effect immediately upon issuance by the court.

6. Timeline and Fees – Notes on Authorization

Processing time:
- Document preparation: 0–2 weeks
- Case acceptance: 7–15 days
- Trial scheduling: ~15 days after acceptance
- Total duration: 4 to 6 months on average
Court fees:
- Mutual consent without dispute: ~300,000 VND
- Dispute over assets: ≥300,000 VND depending on asset value

7. Important Legal Notes

Legalization of foreign documents is mandatory unless exempted under specific agreements.
Authorization must be clear, certified by competent authorities in the country where it is made (Vietnamese embassy/consulate).
Vietnamese translations must accompany all relevant foreign documents.
Trial in absence: Requires a formal request and a reliable representative. If the foreign party is absent and has submitted a request for trial in absence, the court may skip mediation.
For mutual consent, clear agreements on property and child custody must be in place. For unilateral divorce, evidence of abuse or serious violations must be provided.

8. Conclusion

Divorce with a foreign spouse via authorization in Vietnam is entirely feasible if you follow the legal procedures carefully:

Understand the correct court jurisdiction, prepare a complete and lawful dossier,
Ensure proper document submission and representation, especially in cases where one party is absent.

This method can save time, travel costs, and still ensure your legal rights. If you face difficulties in document preparation or authorization procedures, it’s strongly recommended to consult a lawyer specialized in international family law for professional support.

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Divorce with a Foreign Spouse via Authorization: Conditions & Legal Notes