Does the divorce petition require signatures from both persons in Vietnam? Can a spouse get divorce if the other party doesn't sign the divorce petition in Vietnam?

Does the divorce petition require signatures from both persons in Vietnam?

Please ask. I got a unilateral divorce and filed documents in September 2018. Send the conciliation paper twice to invite. Before the appointment date, the court clerk called to say he couldn't contact my wife and rescheduled for a week later. Tomorrow was the appointment date, so I received a phone call again and asked the court to come to my wife's house to work and asked to sign the form. I wonder if my wife doesn't sign, will I never be able to get a divorce?

Reply:

Divorce means termination of the husband and wife relation under a court’s legally effective judgment or decision. Includes two cases: Divorce by mutual consent and Divorce at the request of one spouse (Marriage and Family Law 2014).

- Divorce by mutual consent: When both spouses request a divorce, a court shall recognize the divorce by mutual consent if seeing that the two are really willing to divorce and have agreed upon the property division, looking after, raising, care for and education of their children on the basis of ensuring the legitimate interests of the wife and children. If the spouses fail to reach agreement or have reached an agreement which -fails to ensure the legitimate interests of the wife and children, the court shall settle the divorce.

- Divorce at the request of one spouse:  When a spouse requests a divorce and the conciliation at a court fails, the court shall permit the divorce if it has grounds to believe that a spouse commits domestic violence or seriously infringes upon the rights and obligations of the husband or wife, which seriously deteriorates the marriage and makes their common life no longer impossible and the marriage purposes unachievable.

Thus, there are two types of divorce in Vietnam: Divorce by mutual consent and Divorce at the request of one spouse. For divorce by mutual consent, it means that both people request the Court to resolve it and have reached an agreement on child and property issues. The petition must contain the signatures of both people. In case you request divorce, you only need the signature of one party. In case the Court summons you but one party does not come, the trial will be held in absentia.

Can a spouse get divorce if the other party doesn't sign the divorce petition in Vietnam?

I see many cases where a husband or wife has an affair, but does not want a divorce. So let me ask you. According to current law in Vietnam, if one spouse does not sign the divorce petition, can the other spouse get a divorce?

Reply:

According to the provisions of the Marriage and Family Law 2014:

There are provisions for two cases to request a divorce settlement. Include:

- Divorce by mutual consent (when both husband and wife request a divorce).

- Divorce at the request of one spouse (when one spouse requests a divorce), divorce by mutual consent according to the law only stipulates the husband's right not to divorce his wife, when the wife is pregnant, giving birth or raising a child under 12 months old. There are no provisions prohibiting divorce for people serving a prison sentence.

Thus, according to the above regulations in Vietnam, the wife has the right to unilaterally request a divorce in all cases. As for the husband, if the wife commits adultery or does some wrong things, the husband is not allowed to request divorce when the wife is pregnant or raising a child under 12 months old.

Therefore, one spouse has the right to unilaterally divorce at the court where the spouse resides. To request divorce your spouse, you need a divorce petition, original marriage certificate, copy of household registration and identity card of the spouse in Vietnam.

We respond to your information.

After divorce, what documents will the court issue to the litigant in Vietnam?

Dear lawyer. In 2017, I had a unilateral divorce and the court approved my successful divorce, but up to now I still have not received the paper certifying the successful divorce, so what do I have to do now to get the document? What is that paper? And where to get it? Thank you.

Reply:

According to the provisions of the Marriage and Family Law 2014, divorce is the termination of the marital relationship according to a legally effective judgment or decision of the Court. Divorce is resolved in two specific cases: divorce by mutual consent and divorce at the request of one party.

In particular, according to the provisions of the 2015 Civil Procedure Code:

- In case the couple divorces by mutual consent, the Court will issue a Decision recognizing the divorce by mutual consent.

- In case of accepting and resolving a divorce request from a husband or wife, the Court is responsible for issuing a divorce judgment according to the provisions of law.

Within 10 days from the date of verdict, the Court will deliver or send the judgment and divorce decision to the husband and wife and the Procuracy at the same level.

Thus: Pursuant to the regulations cited above, when a couple divorces, the Court will not issue a divorce certificate to the spouses, but the Court will issue one of the following documents to the spouses: 

- In case of divorce by mutual consent: The court will issue a Decision recognizing the divorce by mutual consent.

- In case of divorce at the request of one party: The Court will issue a Divorce Judgment.

The marital relationship ends from the date the Court's judgment or divorce decision takes legal effect.

Therefore: In case you and your spouse request divorce, after trial, the Court will issue a Divorce Judgment and give each spouse a Divorce Judgment. Your marital relationship ends from the moment the divorce judgment takes legal effect in Vietnam.

In case you have not been granted a Divorce Judgment, you can contact the Court that resolved the divorce to have it issued according to the provisions of law in Vietnam.

Above is our view on the issue you are wondering about.

Best regards!