Where to apply for divorce at the request of one spouse in Vietnam? If my husband refuses to go to court, can I get a divorce in Vietnam?

Where to apply for divorce at the request of one spouse in Vietnam?

I'm currently living with her husband and children in Tan Binh district, Ho Chi Minh City, both my husband and I are workers. However, my husband is not interested in doing business like other people but drinking and beating me and my daughter all day, now my mother and I are living very hard. Now I want to file for divorce with my husband, where do I file?

Reply:

According to the provisions of the Law on Marriage and Family 2014, husband and wife in the process of living together if their marriage life falls into a serious situation, the common life cannot be prolonged, the purpose of marriage is not achieved, you can ask the Court for a divorce.

In which, divorce means termination of the husband and wife relation under a court’s legally effective judgment or decision. Divorce is divided into two specific forms as follows:

- Consent to divorce;

- Divorce at the request of one party.

For each specific type of divorce, the method and method of divorce settlement at the Court are markedly different according to the provisions of the Law on Marriage and Family 2014 and the Civil Procedure Code 2015 which includes: including the step of filing for divorce, which is specifically determining the Court to file for divorce correctly, avoiding wasting time of the parties.

In there:

(1) In the case of divorce by mutual consent

If the husband and wife really voluntarily divorce, then file a divorce application (the application must be signed by both husband and wife) at the district-level People's Court where the spouse is currently residing for settlement according to the competence. 

At that time, if it is considered that the two parties really voluntarily divorce and have agreed on the division of property, the care, rearing, care and education of children on the basis of ensuring the legitimate interests of the wife and children then the Court recognizes the consent of the divorce; if no agreement is reached or there is an agreement but the legitimate interests of the wife and children are not guaranteed, the court shall settle the divorce.

(2) In case of divorce at the request of one spouse

If one of the spouses commits domestic violence or seriously violates the rights and obligations of the husband and wife, causing the marriage to fall into serious condition, the common life cannot be prolonged, the purpose of the marriage If the agreement cannot be reached, the spouse can apply for a unilateral divorce (the application must be signed and certified by the applicant) at the Court where the other is residing (it can be a permanent place of residence or a temporary place of residence) to be resolved according to its competence in Vietnam.

According to the information you provided us, you are currently living with your husband and children in Tan Binh district, Ho Chi Minh City, both husband and wife are workers. However, your husband is not interested in doing business like other people but drinking and beating you and your child all day, now you and your child are living very hard - there are signs of domestic violence.

Therefore: You can report to the People's Committee of the ward where you are residing in Tan Binh district, Ho Chi Minh City, Vietnam to ask the authorities to intervene and settle the law violations of your husband. 

In case the marriage between you and your husband has fallen into a serious situation, the life together cannot last and you can't stand it anymore and want a divorce, then you can file for a unilateral divorce to People's Court of Tan Binh District to be resolved according to its competence.

If the husband refuses to go to court, can the wife get a divorce in Vietnam?

Hello! I have a question that I hope you guys can help me with. Ms.Hoa got married in 2016. During their time together, her husband often got drunk, cursed and beat her. She wanted a divorce, but her husband refused to go to court, and told her that she wouldn't be able to leave him if he didn't go to court. Is that correct he said? Is there any way that her husband can't go to court but she can still get a divorce? Looking forward to hearing from you guys. Thank you and best wishes!

Reply:

Article 56 of the Law on Marriage and Family 2014 provides for 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.

At the same time, according to the provisions of Clause 1, Article 238 of the Civil Procedure Code 2015, the Courts shall base themselves on materials and evidences included in the case files to conduct trials in the absence of involved parties and/or other procedure participants according to law provisions when the following conditions are fully satisfied:

a) The plaintiffs and/or their lawful representatives submit applications for trials in their absence;

b) The defendant, persons with relevant interests and duties and/or their lawful representatives submit applications for trials in their absence or are absent though have been duly summoned twice;

c) Defense counsels of legitimate rights and interests of plaintiffs, defendants or persons with relevant interests and duties submit applications for trials in their absence or are absent though have been duly summoned twice.

Thus, Ms. Hoa has the right to divorce at the request of one spouse and file a petition with the court for settlement in Vietnam. In case her husband does not cooperate and does not go to court to resolve the divorce, the divorce will be settled according to the provisions of Clause 1, Article 238 of the Civil Procedure Code 2015 above.

Therefore, if the husband has been summoned for the second time and he is still absent without reason, the Court will continue to handle the divorce case between the two in accordance with the law in Vietnam.

Real estate transfer after divorce in Vietnam

Hello! I have the following questions for your advice. Mr. Duc and Ms. Hoa got married in 2013. During the marriage, Mr. Duc bought a house and the house documents were only in his name. In 2018, Mr. Duc and Ms. Hoa divorced, he paid her the value of half the house. Duc now wants to sell the house without Hoa's consent, is it possible? Thank you!

Reply:

According to the provisions of the Law on Marriage and Family 2014, husband and wife can reach agreement on the division of property upon divorce.

Article 35 of the Law on Marriage and Family 2014 provides for possession, use and disposition of common property as follows:

Article 35. Possession, use and disposition of common property

1. The possession, use and disposition of common property shall be agreed by husband and wife.

2. The disposition of the following common property shall be agreed in writing by husband and wife:

a/ Real estate;

b/ Movable assets which are required by law to be registered for ownership;

c/ Assets which are the major income-generating source for the family.

Based on this, the disposition of the husband and wife's common property as real property must be agreed in writing by the husband and wife in Vietnam.

In the case of Mr. Duc and Ms. Hoa, they got married in 2013. During the marriage, Mr. Duc bought a house in his own name. Without any agreement in writing, this house will be the joint property of husband and wife. In 2018, Mr. Duc and Ms. Hoa divorced and Mr. Duc paid Ms. Hoa the value of half of the house as agreed. However, if this agreement is only oral, no written agreement has been notarized or authenticated, now if Mr. Duc wants to sell the house, it must be signed or authorized by Ms. Hoa.

Best regards!