The court only accepts to handle the divorce case with the missing person when there is a court decision declaring that the spouse is missing.
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In marriage and family relations, the disappearance of a husband or wife has affected the relationship between husband and wife and family members. Therefore, when they have a request for divorce from a husband or wife who has been declared missing by the Court, the Court will handle it for them.
In this regard, in Official Dispatch No. 01/2017/GD-TANDTC dated April 7, 2017 of the TANDTC on the resolution of a number of professional issues, the following guidance was given:
Clause 1, 2, Article 68 of the 2015 Civil Code stipulates: When a person has been missing for 2 consecutive years or more, even though all measures of notification and search have been applied in accordance with the procedural law, However, there is still no reliable information on whether that person is alive or dead, at the request of a person with related rights and interests, the Court may declare such person missing.
The time limit of 02 years is counted from the date of knowing the last information about that person; if the date of last news cannot be determined, this time limit shall be counted from the first day of the month following the month of last news; if the date and month with the last information cannot be determined, this time limit shall be counted from the first day of the year following the year with the last information.
In case the spouse of the person who is declared missing applies for a divorce, the Court shall grant the divorce in accordance with the law on marriage and family based on Clause 2, Article 56 of the Law on Marriage and Family 2014. .
Thus, the Court only accepts to handle the divorce case after the Court’s decision declaring the missing spouse takes legal effect. Based on the provisions of law and the petition for divorce of the person whose husband or wife is missing, the Court considers and settles the divorce.
Source: According to kiemsat.vn
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