How to Divorce a Missing German Spouse in Vietnam
Are you living in Vietnam and want to divorce your German husband or wife but have lost contact with them, have no information about their whereabouts, and don’t know their current address? Below is a detailed guide: when to request a declaration of disappearance, necessary documents and procedures, jurisdiction, and practical advice.
When should you request the Court to declare someone missing?
Under Vietnamese law, if the person you wish to divorce has been absent for two consecutive years or more without any verifiable news (no information about whether they are alive or dead), and you have made reasonable efforts to locate them (e.g., contacting relatives, posting newspaper notices, broadcasting on TV) without success, you can petition the court to declare them legally missing before filing for divorce.
According to Article 56 of the Law on Marriage and Family 2014 and Article 68 of the Civil Code 2015, declaring a person missing is a prerequisite to unilaterally terminating a marriage when one spouse has no known whereabouts.
Once the Court has legally declared the person missing, you may proceed with a unilateral divorce procedure.
Documents and Procedure for Divorcing a Missing German Spouse
Step 1: Submit a request to declare the person missing
You must submit the request to the People’s Court at the district level where the missing person last resided in Vietnam (if they are not a Vietnamese citizen). Required documents include:
Petition requesting declaration of disappearance;
Marriage certificate (copy or extract);
Proof of absence for 2 years (testimony from relatives, police confirmation, court notices, etc.);
Your personal documents (ID card, household registration book).
Procedure:
The court accepts the petition and issues a public notice for locating the person within 4 months.
If no results are found, the court will hold a hearing and issue a decision declaring the person legally missing.
Step 2: File for unilateral divorce after the declaration of disappearance
Once the missing declaration has been issued, you can file for a unilateral divorce with the following documents:
Standard unilateral divorce petition;
Marriage certificate;
Court decision declaring the person missing;
Birth certificates of any children (if applicable);
Evidence of joint property (if property division is involved);
Your personal documents (ID card, household registration book).
The court will proceed in the absence of the declared missing party and resolve the divorce in accordance with the law.
Jurisdiction for Divorce Proceedings in Vietnam
The declaration of disappearance is handled by the People’s Court at the district level, where the missing person last resided in Vietnam.
The unilateral divorce will also be handled by the same court. However, if the missing person is a German national with no Vietnamese citizenship, Article 37 of the Civil Procedure Code 2015 grants jurisdiction to the provincial-level court if judicial entrustment or overseas investigation is required.
Important Notes for Divorcing a Missing German Spouse
Legalization and notarization of foreign documents: If your marriage certificate was issued abroad by German authorities, it must be consular legalized and translated into Vietnamese with notarization to be accepted by the court.
If the defendant’s address is intentionally withheld: If relatives or contacts intentionally conceal the overseas address of the German spouse, the court may treat it as intentional non-disclosure and proceed with an in-absentia trial under Resolution 01/2024/NQ-HĐTP and Official Dispatch 235/TANDTC-PC.
The German spouse does not need to return to Vietnam: The entire process can be handled in the absence of the other party. You may appoint a lawyer to represent you; there is no requirement for the German spouse to return to Vietnam.
Processing Time:
Declaration of disappearance: around 4–5 months (4 months for public search + 10 days for hearing + processing time);
Divorce trial: after acceptance, the preparation period is approximately 4 months, according to the 2015 Civil Procedure Code.
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