Currently, it is increasingly common to authorize others to handle work on their behalf. However, divorce is a personal right of each person as stipulated in the Civil Law of Vietnam. So, is it possible to authorize another person to participate in the divorce case on your behalf?
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In Vietnam, is it possible to authorize another person to act on your behalf in a divorce judgment?
For a divorce judgment, the Court will be asked to resolve one or all of the following issues:
- Request for divorce;
- Request for joint custody of children, alimony;
- Request for division of common assets and common debts.
In Clause 1, Article 39 of the 2015 Civil Code of Vietnam stipulates that personal rights in marriage and family are “Individuals have the right to marry and divorce, equal rights of husband and wife, right to identify father, mother, child, right to adoption, adoption rights and other personal rights in the marital relationship, parent-child relationship and relationship between family members".
At the same time, in Clause 4, Article 85 of the 2015 Civil Procedure Code of Vietnam, the involved parties may not authorize another person on behalf them to participate in the proceedings. In case a parent or other relative requests the Court to settle a divorce as prescribed in Clause 2, Article 51 of the Law on Marriage and Family of Vietnam, they shall act as the representative for the divorce.
Therefore, for a divorce case where the spouse only requests for divorce, joint child custody and joint child support without asking for property division, the spouse cannot authorize the other person to participate in the proceedings on their behalf, but must personally go to the Court to participate in the settlement of the above case.
However, for cases where the parties have additional requirements on the division of common property and common debts upon divorce, the settlement of claims about the common property and common debt will still proceed according to the procedures of civil cases. Therefore, in this case, the spouse can completely authorize another person to act as a representative to participate in the proceedings. Because, the law only does not allow authorization in divorce, the right to determine the father, mother, or child, the right to be adopted, the right to adopt children and other personal rights in the marital and paternal relationship and child and the relationship between family members but not prohibiting authorization in other matters.
In addition, according to the provisions of the law as mentioned above, a spouse in a divorce case that does not have a requirement for the division of common property or common debt can also authorize a third party to act on his/her behalf. the following jobs that are not prohibited by law. Including:
- Prepare the divorce petition
- Prepare documents
- Submit an application, pay a court fee in advance and receive a refund of the court cost in advance, submit additional documents, documents and evidences of the case at the Court or other competent agencies.
- Receive application processing results; procedural documents on the settlement of the case by the Court.
- Contact the Court according to the notice or summons of the Court...
Bao Ngoc
