Foreign Husband Refuses to Divorce – Is Unilateral Divorce Possible in Vietnam?
1. What is unilateral divorce and who is entitled to file for it?
According to Article 51 of the 2014 Law on Marriage and Family of Vietnam, either the wife or husband has the right to request the Court to resolve a divorce, even if the other party does not agree. This defines a unilateral divorce—when the spouses cannot reach an agreement on ending the marriage, child custody, or property division, one party can still initiate the divorce process.
In cases involving a foreign element (e.g., a foreign husband who disagrees), the petitioner (typically the Vietnamese wife) may still file for unilateral divorce in Vietnam. This is fully recognized by Vietnamese law.
There is one exception: a husband cannot file for divorce if his wife is pregnant, has just given birth, or is nursing a child under 12 months of age.
2. Which authority handles unilateral divorces involving foreign elements in Vietnam?
Pursuant to Articles 123 and 127 of the Law on Marriage and Family 2014, and Articles 35, 37, 469, and 470 of the 2015 Civil Procedure Code, if the divorce case involves foreign elements (e.g., one party lives abroad or there is property abroad), the People's Court at the provincial level will have jurisdiction to conduct the trial.
If the respondent (foreign husband) does not reside in Vietnam or his address is unknown, the provincial court where the petitioner resides or where the respondent last resided may accept the case.
3. What if the husband refuses or is absent—how does the court proceed?
3.1 Husband is abroad with valid reasons
If the husband is unable to return to Vietnam due to objective reasons (e.g., visa issues, force majeure), the Court may temporarily postpone the hearing, but the trial may still proceed in his absence upon request by the petitioner.
3.2 Husband deliberately avoids participation or hides his address
If relatives cannot provide the husband's address after the second official request by the Court, the husband is considered to be deliberately hiding. The Court will then proceed to trial in absentia following standard legal procedures.
Once a judgment is issued, the Court will post it at the People's Committee office of the commune where the husband last resided and send a copy to his relatives for delivery, ensuring his right to appeal is protected.
4. Dossier and procedures for unilateral divorce with foreign elements
4.1 Required documents for the Court
Unilateral divorce petition (Form 23-DS or a valid self-written form);
Marriage certificate, and passport/ID of the Vietnamese and foreign spouse;
Birth certificate of the child (if any);
Documents proving joint property;
Evidence showing the husband’s non-cooperation (e.g., hiding address, refusing to communicate, not fulfilling financial obligations);
If the marriage was registered abroad: a record of the marriage must be registered in Vietnam. Without this, Vietnamese courts will not have jurisdiction to handle the case.
4.2 Submission and court fees
The petitioner must pay a provisional court fee, typically ranging from a few hundred thousand to a few million VND, depending on the disputed asset value.
If the documents are valid, the Court will issue an acceptance decision within 5 days.
The Court may organize a mediation session. If unsuccessful, it will proceed to first-instance trial within 4 to 6 months; the duration may be longer if there are disputes over property or child custody.
4.3 In absentia trial and hearing format
If the respondent fails to appear despite proper summons and has no legal representative, the Court may proceed with trial in absentia as per Article 227 of the Civil Procedure Code.
If the foreign husband is not avoiding the trial intentionally and has valid reasons, the Court may delay the hearing to wait for his participation or a possible settlement.
5. Key notes for petitioners in Vietnam
Full authorization for legal representation is not permitted—parties should appear in person if possible, or submit a valid request for trial in absentia.
Provincial-level courts are mandatory for divorce cases involving foreign elements (e.g., foreign husband or overseas assets).
If the marriage was registered abroad, a marriage registration note in Vietnam is required to determine jurisdiction.
If the husband's address is completely unknown, the petitioner can ask the Court to declare him missing or deceased (under Article 473 of the Civil Procedure Code), then continue the divorce process.
Conclusion
If you live in Vietnam and wish to file for a unilateral divorce against a foreign husband who does not agree or is absent, you have the legal right to do so in Vietnamese courts. The Court can proceed even without his presence or may temporarily postpone the hearing depending on the circumstances, but your rights will always be protected under the law.
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