Can spouses who are abroad get divorced in Vietnam?

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Question date: 04/10/2022

Can spouses who are exporting labor be divorced in Vietnam? We look forward to hearing from you soon, as I consider about the above-mentioned situation.

    • Article 51 of the Law on Marriage and Family 2014, provides:

      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 the above provisions, husband has no right to request a divorce when his wife is pregnant, gives birth or is nursing an under-12-month child in Vietnam. In case the spouse is abroad but not in the above case, he/she may still submit a petition for divorce settlement if the spouse is abroad.

      Best Regards!

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    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

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