Vietnamese Wife Unilaterally Divorcing a Foreign Husband in Vietnam
Real-Life Case
Ms. Trang—a Vietnamese wife—discovered that her foreign husband, residing in Germany, had "disappeared" after an affair and refused to maintain their marital relationship. She filed for a unilateral divorce in Ho Chi Minh City, but the respondent did not provide an address and failed to appear in court, delaying the proceedings. Ultimately, the Provincial People's Court proceeded with a trial in absentia and declared the marriage dissolved. This is not an isolated case—it serves as proof that a Vietnamese wife has the right to unilaterally divorce a foreign husband, even in his absence, and the ruling reveals several key legal lessons.
1. Legal Basis – Divorce Rights of Vietnamese Wives in Vietnam
According to Article 51 of the Law on Marriage and Family 2014, either spouse has the right to request divorce through a Vietnamese court, regardless of the other party’s nationality.
The law also allows unilateral divorce if the marriage has reached a point of “irreparable breakdown” due to violence or serious violations of marital obligations, as stated in Article 56.
Jurisdiction: If one party is a foreigner or resides abroad, the case is handled by a provincial-level People's Court.
2. Unilateral Divorce Procedure When the Husband is Abroad
2.1 Filing Documents with the Provincial Court
The file includes: petition for divorce, marriage certificate, ID/passport of both spouses, children's birth certificates (if applicable), documents proving joint assets, and evidence that the husband is a foreigner currently residing abroad.
If the marriage was registered abroad, the marriage certificate must be legalized and, optionally, registered with Vietnamese authorities for recognition by the court.
2.2 Jurisdiction and Trial Court
For disputes involving foreign elements, the case must be handled by a provincial court—not a district court.
The court may proceed in the husband’s absence if he intentionally conceals his address or evades participation, in accordance with Official Letter 253/TANDTC‑PC.
2.3 How Trials in Absentia Are Conducted
The court requests the respondent’s foreign address.
If the address is unknown, the court may suspend the case or request a declaration of missing person status under Article 473 of the Civil Procedure Code 2015.
If the respondent continues to withhold information, the court may conduct reconciliation efforts and proceed with a trial in absentia.
The judgment is then delivered to the respondent’s relatives or posted publicly at the last known address in Vietnam, enabling the husband to file an appeal if desired.
2.4 Duration and Costs
Case acceptance preparation: 3–5 days.
First-instance trial duration: 4 months (may be extended by 2 months for complex cases).
Court fees: Around 300,000 VND for cases without asset disputes. If assets are contested, fees vary based on asset value.
3. Lessons from the Ruling – Strategies and Experience
3.1 Prepare Thorough Documentation and Evidence
Documents such as legalized marriage certificates, evidence of infidelity/non-cooperation, and irresponsibility serve as strong grounds for a favorable court ruling.
3.2 Leverage the Absentia Trial Process
Per Official Letter 253/TANDTC‑PC, if the husband avoids disclosing his address, the court can proceed in absentia—turning the “absence” into an advantage for resolving the marriage promptly.
3.3 Invoke Provisions on Violence or Serious Violations
If there is domestic violence or serious breach of marital duties, the wife can benefit from the simplified procedure outlined in Article 56 of the Law on Marriage and Family.
3.4 Accurately Identify Jurisdiction
Correctly identifying the provincial court—rather than a district one—saves time and avoids misdirection of files.
4. Conclusion & Call to Action
Conclusion: Ms. Trang’s case confirms that Vietnamese wives have the legal right to unilaterally divorce foreign husbands in Vietnam, even when the husband has fled or deliberately avoids involvement. Current laws (Law on Marriage and Family 2014, Civil Procedure Code 2015, and related directives) clearly enable in absentia trials to protect the rights of vulnerable parties.
Your Action Plan
Collect evidence proving the breakdown of the marriage or breach of obligations.
Ensure documents are valid: legalized, translated, and properly formatted.
File your petition with the appropriate provincial court where the wife resides or where the husband last resided in Vietnam.
If you encounter difficulties, don’t hesitate to contact DEDICA Law Firm—our experienced lawyers have successfully handled many complex divorce cases.
About DEDICA Law Firm
DEDICA Law Firm specializes in legal consulting and representation in marriage and family disputes involving foreign elements. We provide end-to-end services from document review to court representation, ensuring your marriage is legally dissolved efficiently and your rights are protected—all with transparent costs and a highly professional approach.
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