Can I authorize a lawyer to represent me attending divorce court sessions ?

Can I authorize a lawyer to represent me attending divorce court sessions ?

I and my spouse are preparing for an uncontested divorce. Both spouses shall agree to division of property, child support and other aspects of the separation. My job is rather busy so I may not be able to attend court sessions. Can I authorize a lawyer to represent me attending divorce court sessions ?

DMS Lawyers in Danang, Vietnam advise about to represent me attending divorce court sessions ? 

For the divorce, the involved parties must not designate any other persons to participate in the procedure on their behalf. If parents or other close relatives of the involved parties petition the Courts to resolve the divorce cases as prescribed in Clause 2 Article 51 of the Law on marriage and family, they shall be the representatives (Clause 4 Article 85 the Civil Procedure Code No. 92/2015/QH13 dated 25 November 2015).

A parent or another close relative 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 (Clause 2 Article 51 the Law on Marriage and Family No. 52/2014/QH13 dated 19 June 2014).

Therefore, you cannot authorize other persons to represent you attending court sessions, as marriage is a special, personal relationship.  

Related topics:

A divorce between a Vietnamese citizen and a foreign spouse ?

Common property of husband and wife in Vietnam

Competence to settle cases and matters of marriage and family involving foreign elements in Vietnam

Court fees in civil and family disputes in Vietnam

Contact us:

Phone: 0914 165 703 

Email: dmslawfirm@gmail.com

DMS LAW LLC
Director
(Signed)
Lawyer Do Minh Son


RELATING ITEMS

A divorce between a Vietnamese citizen and a foreign spouse ?

A divorce between a Vietnamese citizen and a foreign spouse ?

18 Jun, 2020// Group: CIVIL PROCEDURE CODE

Law firm in Danang, Vietnam advises about divorcing a foreign spouse

Time limit for appealing against Court judgments in Vietnam

Time limit for appealing against Court judgments in Vietnam

18 Jun, 2020// Group: CIVIL PROCEDURE CODE

Law office in Danang, Vietnam advises about time limit for appealing against Court judgments

Court fees in civil and family disputes in Vietnam

Court fees in civil and family disputes in Vietnam

18 Jun, 2020// Group: CIVIL PROCEDURE CODE

Law firm in Danang, Vietnam advises about court fees in civil and family disputes

Cases where the appellant must pay appellate civil court fees in Vietnam ?

Cases where the appellant must pay appellate civil court fees in Vietnam ?

18 Jun, 2020// Group: CIVIL PROCEDURE CODE

Law firm in Danang advises about who is liable for fees in appellate civil court cases in Vietnam

Who must pay first-instance civil court fees in Vietnam ?

Who must pay first-instance civil court fees in Vietnam ?

18 Jun, 2020// Group: CIVIL PROCEDURE CODE

Law firm in Danang advises about who is liable for fees in first-instance civil court cases in Vietnam