CAN I AUTHORIZE SOMEONE ELSE TO PERFORM DIVORCE PROCEDURES?

Table of Contents

1. What is divorce?

2. Authority to resolve divorce

3. Can I authorize someone else to carry out divorce procedures?

1. What is divorce?

According to Clause 14, Article 3 of the Law on Marriage and Family 2014, “Divorce means termination of the husband and wife relation under a court’s legally effective judgment or decision.”

According to the above provisions, a couple is confirmed to have divorced when they complete the procedures at the Court and receive the legally effective judgment or decision of the Court.

2. Authority to resolve divorce

According to Clauses 1 and 2, Article 51 of the Law on Marriage and Family 2014, the authority to resolve divorce is stipulated as follows:

“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. Can another person be authorized to carry out the divorce proceedings?

Pursuant to Clause 4, Article 85 of the 2015 Civil Procedure Code, it is stipulated that:

“The proxy representatives as defined in the Civil Code shall be the proxy representatives in the civil procedures.

For the divorce, the involved parties must not designate any other persons to participate in the procedure on their behalf. If parents or other 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 such be the representatives.”

 Thus, based on the above legal provisions, the divorce proceedings are the responsibility of the husband and wife and it is not allowed to authorize another person to carry out the divorce proceedings. Parents and other relatives can only be representatives in cases where one of the husband and wife cannot participate in the proceedings themselves for the above reasons.