Can I authorize another person to file divorce petition in Vietnam? Does my mother have right to request a court to settle my divorce when I a victim of domestic violence in Vietnam?

Can I authorize another person to file divorce petition in Vietnam?

Can I authorize another person to file divorce petition? My name is Tien and I have a younger sister named Linh who is exporting to Korea. However, because the relationship between my sister and her husband, Le, was no longer there, my sister wanted a divorce. Can my sister authorize me to get a divorce for her?

Reply:

Pursuant to Clause 14, Article 3 of the Law on Marriage and Family 2014, it explains that Divorce means termination of the husband and wife relation under a court’s legally effective judgment or decision.

In addition, Clause 4, Article 85 of the 2015 Civil Procedure Code stipulates representatives.

4. The proxy representatives as defined in the Civil Code shall be the proxy representatives in the civil procedures.

For the divorce, the involved parties must not designate any other persons to participate in the procedure on their behalf. If parents or other relatives of the involved parties petition the Courts to resolve the divorce cases as prescribed in clause 2 Article 51 of the Law on marriage and family, they such be the representatives.

In addition, Article 51 of the Law on Marriage and Family 2014 stipulates the right to request divorce settlement as follows:

1. Husband or wife or both has or have the right to request a court to settle their divorce.

2. A parent or another next of kin of a spouse has the right to request a court to settle a divorce when the spouse is unable to perceive and control his/her acts due to a mental disease or another disease and is concurrently a victim of domestic violence caused by his/her spouse which seriously harms his/her life, health or spirit.

3. A husband has no right to request a divorce when his wife is pregnant, gives birth or is nursing an under-12-month child.

Thus, according to current regulations comparing to your case in Vietnam, you cannot authorize a person to participate in the proceedings unless one party is mentally ill and cannot control their actions... Compare this to the case, your sister is required to participate in the proceedings.

Can I authorize another person to file divorce petition in Vietnam? Does my mother have right to request a court to settle my divorce when I a victim of domestic violence in Vietnam? (Image from the Internet)

Does my mother have right to request a court to settle my divorce when I a victim of domestic violence in Vietnam?

I got married in 2016, both my husband and I work in the business field. However, recently, due to business going downhill, my husband got into drinking and beat me to the point that I had to be hospitalized. This incident continues until now. My parents want to file for divorce for me, can they? Hope you will support.

Reply:

Clause 1, Article 51 of the Law on Marriage and Family 2014 has regulations on the right to request divorce as follows:

1. Husband or wife or both has or have the right to request a court to settle their divorce.

2. A parent or another next of kin of a spouse has the right to request a court to settle a divorce when the spouse is unable to perceive and control his/her acts due to a mental disease or another disease and is concurrently a victim of domestic violence caused by his/her spouse which seriously harms his/her life, health or spirit.

3. A husband has no right to request a divorce when his wife is pregnant, gives birth or is nursing an under-12-month child.

According to the information you provided, you are a victim of domestic violence caused by your husband, affecting your life, health, and spirit. However, according to the regulations, one party must have disease and at the same time a victim of domestic violence. In this case, it must be proven that this person is sick in Vietnam.

Thus, your parents do not have right to ask the court to resolve the divorce.

After divorce, will the court collect the marriage certificate from the couple in Vietnam?