Conditions and issues to note when foreigners divorce in Vietnam

In recent years, Vietnam has been recognized as a country with a high quality of life, considering cultural, economic, and security factors. As a result, it has attracted a considerable number of foreign individuals to reside and work in Vietnam. Consequently, relationships related to marriage—such as marriage, divorce, and the acquisition of assets or real estate—have become increasingly common. Based on recent marriage-related cases in which CDLAF has been involved to support the community of foreigners living in Vietnam, we have observed that many individuals do not fully understand the applicable conditions, required documentation, or procedural steps. This lack of understanding often results in significant time and financial costs when completing marital procedures, particularly in cases of divorce involving foreign elements, where the parties may no longer maintain the same emotional relationship as at the beginning of the marriage. Therefore, through this article, we aim to highlight key points that parties should consider when planning to carry out divorce procedures involving foreign elements.

1. Conditions for Foreigners to Initiate Divorce Proceedings in Vietnam

The marital relationship between a foreign national and a Vietnamese citizen is considered a marriage involving foreign elements. Accordingly, the parties must meet the following basic documentary requirements when initiating divorce proceedings:

• Possess a Marriage Registration Certificate issued by a competent authority in Vietnam; in cases where the certificate is issued by a foreign authority, the marriage must have been duly recorded (notarized) with the competent Vietnamese authority.
• Documents issued by foreign authorities, such as the Marriage Registration Certificate, must be consular legalized and translated into Vietnamese, except in cases exempted from consular legalization under international treaties to which the Socialist Republic of Vietnam is a party or based on the principle of reciprocity.
• In the event that the original Marriage Certificate is lost, the applicant must submit a valid copy along with an explanation to the Court for consideration
• At least one of the spouses is residing or working in Vietnam
• Additionally, birth certificates (if children are involved) and documents related to assets (if settlement of property is requested) must be submitted

It should be noted that when a foreign national requests divorce proceedings in Vietnam, the applicable law will remain the Vietnamese Law on Marriage and Family. However, in cases involving the division of immovable property located abroad, the law of the country where the property is situated shall apply.

2. When a Divorce is by Mutual Consent or Unilateral Petition

Depending on the intention of one party or the mutual consent of both spouses, the divorce may be pursued either by mutual consent or by unilateral petition. Each form has distinct characteristics as follows:

Divorce by mutual consent applies in cases where both spouses jointly decide to divorce. They will together sign the Petition for Civil Proceedings (for recognition of mutual consent divorce), which expresses their desire to divorce and records agreements on child custody and division of property upon divorce; or

One party may file a petition for divorce, and if the other party at the Court consents to the divorce and accepts agreements on child custody and property division (if any), the case is treated as a divorce by mutual consent.

The outcome of a divorce by mutual consent is that the Court recognizes and issues a decision acknowledging the mutual consent divorce and the parties’ agreements, provided that the Court finds both parties genuinely willing to divorce and that they have reached agreements on the division of property and the care, custody, upbringing, and education of the children, ensuring the legitimate rights and interests of the wife and the children.

For unilateral divorce, the common practice is that either the husband or the wife may file a petition for divorce. If reconciliation at the Court fails, the Court may grant the divorce provided there is a legal basis showing that one spouse has committed domestic violence or seriously violated the rights and obligations of the other spouse, causing the marriage to reach a severe breakdown, making cohabitation impossible and preventing the objectives of marriage from being achieved. However, it should be noted that, except where the wife consents, the husband does not have the right to file for divorce if the wife is pregnant, has recently given birth, or is raising a child under 12 months of age.

In addition, there are other cases of unilateral divorce as follows:

• In the event that the husband or wife of a person declared missing by the Court requests a divorce, the Court shall grant the divorce.
• A parent or other relatives have the right to request the Court to resolve a divorce when one spouse, due to mental illness or other conditions, is unable to perceive or control their actions, and simultaneously is a victim of domestic violence inflicted by their spouse, which seriously affects their life, health, or mental well-being.

3. Matters to be Resolved upon Divorce

In the course of adjudicating divorce-related matters, the Court will examine various aspects in order to render its decision and determine the appropriate direction for resolving the petition for divorce. Accordingly, depending on the specific nature of each divorce case, the Court may further consider the following issues:

Marital Relationship: In cases where there are grounds to establish that a spouse has committed acts of domestic violence or has seriously violated the rights and obligations of husband or wife, thereby causing the marriage to fall into a serious condition in which the common life cannot be prolonged and the objectives of the marriage are not attained, the Court shall grant a divorce.

Child Custody: The husband and wife may reach an agreement on the parent directly having custody of the child, as well as each party’s rights and obligations towards the child after divorce. In the absence of such agreement, the Court shall assign custody to one parent based on the best interests of the child in all aspects. Where the child is 07 years of age or older, the child’s wishes must be taken into consideration. A child under 36 months of age shall be entrusted to the mother for direct custody, except in cases where the mother is deemed incapable of directly caring for, nurturing, and educating the child, or where the parents have otherwise agreed upon an arrangement consistent with the best interests of the child.

Note: The obligation to provide alimony shall be governed by the law of the country in which the maintenance claimant resides. In cases where the maintenance claimant does not have a place of residence in Vietnam, the law of the country of which the maintenance claimant is a citizen shall apply.

Common Property and Common Debts: As a general practice, in order to minimize litigation costs, the spouses often reach an agreement outside of court. However, in many cases, to ensure the enforceability of such commitments, the spouses may also request the court to record the agreement or to adjudicate the division of the property and debts.

The settlement of divorce cases involving foreign elements in Vietnam generally takes more time compared to divorce cases in which both parties are Vietnamese nationals. The extended duration does not stem from differences in legal provisions regarding timelines or procedural steps, but rather from the improper preparation of documents required for divorce cases involving foreign elements. In certain instances, delays may arise from the absence of one party in Vietnam, the failure to register the marriage in accordance with civil status regulations, or language barriers. Therefore, in order to expedite the process and avoid unnecessary delays, CDLAF, with its experience, always arranges pre-trial meetings to record the parties’ intentions and review the status of the documents, thereby formulating a comprehensive and specific plan to enable the parties to anticipate the duration, associated costs, and potential difficulties of the proceedings.

Time of writing: 27/09/2025

The article contains general information which is of reference value, in case you want to receive legal opinions on issues you need clarification on, please get in touch with our Lawyer  at  info@cdlaf.vn

You can refer for more information:

• When should enterprises enter into a short-term or long-term foreign loan agreement?
• When should enterprises enter into a short-term or long-term foreign loan agreement?
• Key Highlights of Circular No. 25/2025/TT-NHNN on the Opening and Use of Payment Accounts
• New Provisions under Decree No. 239/2025/ND-CP Providing Guidance on Certain Articles of the Law on Investment (Part 2)
• New Provisions under Decree No. 239/2025/ND-CP Providing Guidance on Certain Articles of the Law on Investment (Part 1)