Jurisdiction for Divorce Settlement When Both Spouses Reside Abroad
Ms. N.T.M and Mr. N.C.V registered their marriage in H Province, Vietnam, in 2021. After getting married, they moved to Japan to live and work. By 2025, due to irreconcilable marital conflicts, they decided to divorce.
If both spouses are currently residing, studying, or working in Japan but wish to file for divorce in Vietnam, the case will be considered a divorce involving foreign elements under Article 7 of Resolution 03/2012/NQ-HĐTP. According to Articles 29, 37, and 39 of the 2015 Civil Procedure Code, jurisdiction over divorce cases involving foreign elements belongs to the Provincial People’s Court. Since both spouses previously resided in H Province before moving abroad, the People’s Court of H Province will have jurisdiction over the case.
To proceed with the divorce in Vietnam, at least one of the spouses must return to Vietnam to participate directly in the legal proceedings.
Required Documents for an Uncontested Divorce When Both Spouses Are Abroad
The divorce application must include the following documents:
- A divorce petition following the prescribed form.
- The original marriage certificate.
- A certified copy of the valid ID card/passport/citizen identification card.
- A certified copy of the household registration book or temporary residence certificate of both spouses.
- Documents proving joint ownership of property (if applicable), such as a land use right certificate, vehicle registration, or other related ownership documents.
- A certified copy of the birth certificate of any common children (if applicable).
Since both spouses are residing abroad, the divorce application can be sent via postal service to the People’s Court of H Province. However, the court may require at least one appearance in Vietnam for processing. If neither spouse can return, they may submit a written request explaining their reasons. If the court deems the reason valid, it may proceed with the uncontested divorce based on the submitted documents without requiring their physical presence.
Estimated Processing Time for Divorce
- Uncontested divorce: Approximately 2 – 3 months.
- Contested (unilateral) divorce: Approximately 4 – 6 months.
Child Custody After Divorce
Under Article 81 of the 2014 Law on Marriage and Family, the rights and obligations of parents towards their children after divorce are as follows:
Parents remain responsible for caring for, nurturing, and educating minor children or adult children who have lost civil act capacity or are unable to support themselves.
Spouses can mutually agree on child custody and financial support after divorce. If no agreement is reached, the court will decide based on the child’s best interests.
- If the child is at least 7 years old, the court will consider the child's wishes when determining custody.
- If the child is under 36 months old, the mother is usually granted custody, except in cases where she is deemed unfit or both parents agree otherwise in the child’s best interests.
- If the spouses cannot agree on child custody, the court will base its decision on the child's best interests.
The above information outlines the legal regulations concerning divorce when both spouses are living abroad and child custody matters after divorce. If you have any questions or need further legal assistance, please contact a lawyer for detailed consultation.
Nguyen Huu Thai
For further reference >>Marriage and Family
