So, how will the Court handle a divorce case when a party is absent, particularly when that party is residing overseas? Please follow the article below for details.

What Is Divorce in Absentia?

Pursuant to Clause 14, Article 3 of the Law on Marriage and Family 2014, divorce is the termination of the marital relationship by a legally effective judgment or decision of the Court.

Divorce in absentia refers to a case in which one party does not appear at the court hearing. The resolution of divorce cases in absentia is carried out in accordance with the Civil Procedure Code 2015.

Can a Party Authorize Another Person to Participate in Divorce Proceedings?

Divorce is a personal right, which cannot be transferred to another person. Therefore, to resolve a divorce, the husband and/or wife must directly participate and may not authorize another person to act on their behalf in court.

This is stipulated in Clause 4, Article 85 of the Civil Procedure Code 2015:

“In divorce cases, litigants may not authorize another person to represent them in the proceedings. Where parents or other relatives request the Court to resolve a divorce, such persons shall be the representatives.”

Accordingly, spouses cannot authorize another person to participate in the litigation.

However, they may authorize another person to submit the divorce petition, pay court fees, or perform other procedural tasks.

How Does the Court Handle a Divorce Case When the Parties Request to Be Absent?

On 27 December 2022, the Supreme People’s Court of Vietnam announced answers to certain issues arising in adjudication, clarifying that under Article 238 of the Civil Procedure Code 2015 (trial in the absence of all participants):

“1. The Court shall conduct a trial in absentia of litigants and other participants based on the documents and evidence contained in the case file if the following conditions are satisfied:

a) The plaintiff or the lawful representative of the plaintiff submits a written request for trial in absentia;

b) The defendant or persons with related rights and obligations, or their lawful representatives, submit a written request for trial in absentia or have been lawfully summoned for the second time but remain absent;

c) The lawful rights and interests protectors of the plaintiff, defendant, or persons with related rights and obligations submit a written request for trial in absentia or have been lawfully summoned for the second time but remain absent.”

Accordingly, the Court will rely on the documents and evidence in the case file to conduct the trial in absentia.

Legal Basis for Resolving Divorce in Absentia When a Party Is Abroad

The Civil Procedure Code 2015 allows the Court to proceed with a trial even when all participants are absent, provided that:

• Service of procedural documents has been conducted lawfully; and

• The plaintiff and/or defendant submit a lawful written request for trial in absentia, or the defendant has been lawfully summoned twice but remains absent.

Therefore, the Court may consider and resolve a divorce case in absentia if proper service is ensured and valid written responses from the parties are obtained in accordance with the law.

For overseas parties, documents and evidence sent from abroad to Vietnamese courts must be consularly legalized in compliance with applicable regulations.

Judicial Assistance Costs for Overseas Cases

The obligation to advance and bear the costs of judicial assistance abroad is regulated under Articles 152 and 153 of the Civil Procedure Code 2015, and further guided by Official Dispatch No. 64/TANDTC-HTQT dated 09 June 2021 of the Supreme People’s Court regarding judicial assistance and service of procedural documents abroad.

Legal Support for Divorce Cases Involving Absent Parties

Divorce procedures are complex and require a thorough understanding of applicable laws to ensure that the Court accepts and properly adjudicates the case.

If you encounter difficulties during the process, LHLegal Law Firm can assist you with:

• Preparing divorce dossiers;

• Reviewing documents and procedural compliance;

• Advising and supporting divorce cases involving overseas parties.

We hope this article provides useful legal information. If you need consultation with a divorce lawyer, please contact us through the channels below for prompt support.

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