What is the divorce procedure when the wife is abroad?

Is the divorce procedure when the wife is abroad any different from the usual divorce in the country? The same law firm DFC consults with the following case:

Divorce proceedings when wife is abroad

Q:Dear DFC Law Firm  I would like to consult lawyers to help me with the following legal issues. I married my wife 5 years ago in Vietnam who did not have children, then she went to export labor in Taiwan and very rarely contacted her family. Recently she had a phone call for me to say that she had children with another man in Taiwan and did not want to return to Vietnam anymore we agreed on the divorce in Vietnam, now I want to ask a lawyer to advise me if I want to divorce my wife and she does not return to Vietnam. Looking forward to the lawyer's feedback as soon as possible, I would like to sincerely thank you.

Lawyer advice:Thank you for trusting and submitting questions asking for answers about DFC Law Firm, for your problem we have received, researched and asked for answers as follows:

Legal grounds:

• Marriage and Family Law 2014;
• Civil Procedural Code 2015;

Contents of consultation

1. Divorce proceedings when wife is abroad

Based on the content that you share, we can take this case of you most likely to be in favour of divorce because both spouses are actually voluntarily divorced. However, in order for it to be sure of divorce in order to simplify the procedure and quickly in terms of time, he needs to re-agree with his wife on the division of your common property.

Common property in accordance with Article 33, Law on Marriage and Family 2014 is the share of property created by husband and wife from labor income, investment in production and business activities or profits, incomes arising from the time he and her register marriage until the official judgment of the Court on recognition of divorce for two people.

In addition, assets donated to general, common inheritance or other assets need a certificate of ownership such as land, cars, motorbikes ... is also considered common property during the marriage period.

After you have reached an agreement on these contents, you will be deemed to be in favour of divorce in case there is no agreement on this issue that will be deemed to be a dispute arising and must pass dispute resolution procedures in court.

2. Steps to settle divorce in case your wife is abroad

Step 1: He filed a divorce petition with the People's Court of the district where he resides. But the divorce application to be processed by the Court is required to have his wife's signature, this case if he still keeps in touch with his wife can prepare the application and send it via email or zalo for her to sign.

Then send back to Vietnam for him to send to court. In addition to the petition, you need to submit a copy of the couple's certified citizen's identity card and household registration book, the original marriage certificate.

Step 2: After the Court receives the dossier if the documents are fully found and there are grounds for accepting the processing, the notice of accepting sent to him and his wife is accompanied by a notice of closing the fee. He noted that he had to pay the full fee and return the receipt to the Court to proceed with the settlement.

Step 3: The Court will then proceed to call them both up to perform mediation, because his wife is in Taiwan can not return he can tell her to make a written authorization for others to come on his behalf at the mediation session, the purpose is to agree to the content of the divorce.

Step 4: The court decides to recognize the consent of divorce for him and her after the mediation session.

The above is the whole but legal regulations he and you must pay attention when conducting divorce proceedings when his wife is abroad. If you read any questions related to this issue please contact the Legal Advice Center 19006512 for advice and answers directly.

Ls. Le Minh Cong