According to Article 56.2 of the Law on Marriage and Family 2014, if a spouse of a person who has been declared missing by the Court applies for divorce, the Court shall grant the divorce. The conditions for the Court to accept a request to declare a person missing is as follows[2]: The time period…

In principle, the right to marry as well as the right to divorce are individual rights, accompanying each person which consequently cannot be assigned to any third party[2]. Thus, either the husband or wife cannot authorise anyone to apply for a divorce on their behalf. However, they may authorise a third party, a person or…

Under the regulations of the Law on Marriage and Family, a marriage relation is considered a marriage and family relation involving foreign element when one of the following elements is found: The subject of the marriage and family relation has at least one spouse being a foreigner or a Vietnamese residing abroad; and The marriage…

Currently, divorce is carried out in one of the two forms: (i) Divorce by mutual consent is a case in which both spouses agree to divorce, agree on all matters related to properties as well as common child(ren) and only request the Court to recognise the divorce; or (ii) Divorce at the request of one…

To which Court – level and territorial jurisdiction, may a Vietnamese person submit a divorce petition? Under the provisions of the Civil Proceedings Law, State agencies competent to settle divorce procedures for spouses being Vietnamese are determined as follows: Case 01: Both spouses request a divorce by mutual consent Both spouses requesting for a divorce…