UNABLE TO CONTACT FOREIGN HUSBAND – IS UNILATERAL DIVORCE POSSIBLE?

I. Legal Basis

• The Law on Marriage and Family of Vietnam 2014
• Resolution No. 326/2016/UBTVQH14
• The Vietnam’s Civil Procedure Code 2015

II. Right to unilaterally divorce

Pursuant to the Law on Marriage and Family 2014, The husband or wife shall have the right to petition for unilateral divorce when the marital relationship has irretrievably broken down and cohabitation is no longer possible. Prolonged inability to establish contact with a foreign spouse, where reconciliation is no longer feasible, shall also constitute a lawful ground for requesting a divorce.

Vietnam’s Civil Procedure Code 2015 provides for the procedure to declare a person missing when there has been no information about them for at least two years, thereby creating favorable legal conditions for the settlement of divorce cases in situations where contact cannot be established.

In addition, Vietnam applies regulations on international judicial cooperation in the fields of civil and matrimonial matters to address cases involving foreign nationals.

III. Case of inability to contact a foreign husband

The inability to establish contact may arise from the husband’s departure abroad without responding, his disappearance for unknown reasons, or his deliberate avoidance of maintaining the marital relationship. This situation poses difficulties in determining his place of residence, serving legal documents, and organizing mediation or conducting trial proceedings in accordance with the law.

Lack of contact causes problems with child custody, property division, and other rights when one party is absent or fails to attend court.

IV. Procedure for divorce when one party is missing

When one party is missing, the other may proceed with the divorce process through the following steps:

Step 1: Declare the person missing

• The petitioner must prepare an application for the Court to declare the other party missing, including the petition, documents proving loss of contact, and the last known residence of the missing person.
• Submit the application to the People’s Court of the last known place of residence of the person to be declared missing.
• Within 20 days from the date of receiving the petition, the Court shall issue a decision to search for the missing person.
• The time limit for the search announcement is 4 months from the date of the first publication of the notice.
• After this period, within 10 days, the Court will hold a hearing to consider the petition for a declaration of disappearance.

Step 2: Prepare the divorce petition

• When the Court confirms that the missing party cannot be found or contacted, the petitioner must prepare a unilateral divorce application file, including:
  • Unilateral divorce petition;
  • Marriage certificate;
  • ID card/Citizen ID card of both spouses;
  • Certificate of residence;
  • Court decision declaring the spouse missing;
  • Documents proving ownership of joint property (if any);
  • Child’s birth certificate (if any).
• Submit the application to the district-level People’s Court where the petitioner resides.

Step 3: Court proceedings for the case

• The Court will review the application and proceed with the divorce process.
• The missing party is not required to be present at the hearing; the Court will proceed in their absence.
• If all conditions are met, the Court will issue a decision recognizing the divorce.

Step 4: Resolve related issues

• If there are disputes over property or child custody, the Court will handle them based on the remaining party’s request.
• The resolution time may range from several months to a year, depending on verification and litigation procedures.

V. Court fees for divorce in case one party is missing

• According to Resolution 326/2016/UBTVQH14, the court fee for divorce without dispute or with property disputes valued under VND 6 million is VND 300,000.
• For property disputes exceeding VND 6 million, the court fee is calculated as a percentage of the disputed property’s value.

VI. Important notes when divorcing a missing person

• The verification of the missing status must be thorough, accurate, and meet the statutory time requirement (at least two years of no contact).
• The petitioner for divorce must prepare sufficient evidence to facilitate the adjudication process.
• The rights of the common child must be safeguarded; requests regarding child custody and alimony must be clearly stated in the petition.
• The division of joint property must be conducted fairly and in accordance with the law.
• The procedure for sending documents abroad may take an extended period due to the requirements of international judicial cooperation.

VII. Conclusion

The inability to contact a foreign husband does not affect the right of the other spouse to file for a unilateral divorce in Vietnam. The wife or husband may request the court to declare the other party missing if the conditions are met, and subsequently proceed with a unilateral divorce.

The court will adjudicate the case even if the other party is absent, ensuring the rights of the petitioner and the relevant family members are protected. Due to the complexity of the procedure, the petitioner should prepare a complete dossier and may seek legal counsel to fully protect their rights.

Read more related articles: 

• DIVISION OF ASSETS AFTER DIVORCE UNDER VIETNAMESE LAW (UPDATED 2025)
• CHILD CUSTODY RIGHTS IN DIVORCE

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