Hi DMS Law firm in Vietnam! 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 ? Can you advise me about this issue ?
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.
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Phone: 0914 165 703 or Email: firstname.lastname@example.org
Can I authorize a lawyer to represent me attending divorce court sessions ?
Thi-Ha Nguyen, Lawyer’s assistant
|DMS Law firm in Vietnam
Lawyer Do Minh Son
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