Comprehensive Marriage And Divorce Consulting Services In Vietnam

Divorce cases involving foreign elements in Vietnam often present significant legal challenges, particularly in relation to jurisdiction, overseas evidence, child custody, and the enforcement of court judgments. With extensive experience advising and handling cross-border marriage and family matters in Ho Chi Minh City and Hanoi, An Law Vietnam understands the legal and practical complexities that foreign clients frequently encounter.
We provide tailored legal advice based on each client’s specific circumstances, assisting them in navigating divorce proceedings with caution, minimizing legal risks, and making informed decisions in accordance with their lawful rights and interests under Vietnamese law.

Contents

Overview Of Marriage And Divorce Advisory In Vietnam

Vietnamese family law governs matters relating to marriage, divorce, child custody, and property rights. The primary legal framework is set out in the Law on Marriage and Family 2014, together with relevant provisions of the Civil Code 2015.
Key Concepts under Vietnamese Marriage and Family Law
Marriage
Vietnamese law recognizes monogamous marriage as the only lawful form of marriage. Both parties must meet statutory age requirements (at least 18 years old for women and 20 years old for men) and must not fall within prohibited marriage relationships pursuant to Article 8 of the Law on Marriage and Family 2014.
Divorce
Vietnamese law provides for both divorce by mutual consent and divorce at the request of one party. A unilateral divorce may be granted where the marital relationship has irretrievably broken down, cohabitation can no longer be sustained, and the purpose of marriage is not achieved, in accordance with Article 56 of the Law on Marriage and Family 2014.

The Importance Of Legal Advisory

Navigating marriage and divorce matters in Vietnam can be legally complex, particularly in cases involving foreign elements. Professional legal advisory offers several essential benefits:
➟ Professional guidance: Experienced lawyers assist clients in understanding their rights and obligations under Vietnamese marriage and family law.
➟ Tailored solutions: Each family situation is unique; legal advisory enables strategies aligned with individual circumstances.
➟ Procedural efficiency: Legal support streamlines marriage registration, divorce proceedings, and related disputes, reducing procedural risks and delays.
Without proper legal advice, individuals may misinterpret their legal rights, prepare incomplete documentation, or face increased conflict during sensitive family matters.

Legal Procedures For Marriage In Vietnam

Marriage Requirements
Marriage registration in Vietnam must satisfy statutory conditions under the Law on Marriage and Family 2014, including:
➟ Valid identification documents
➟ Birth certificates
➟ Certificate of marital status
➟ Certificate of mental and physical capacity for marriage (where required by law)
➟ Marriage registration application in the prescribed form submitted to the competent authority
Rights And Obligations Of Spouses
Under the Law on Marriage and Family 2014, spouses enjoy equal rights and obligations within marriage and family relations.
➟ Property rights: Assets acquired during the marriage are generally regarded as marital property, unless otherwise agreed by the parties (Articles 33 and 59).
➟ Maintenance obligations: A spouse has a legal obligation to provide maintenance to the other spouse and to children in accordance with applicable law.

Divorce Regulations In Vietnam

Grounds for Divorce
Divorce in Vietnam is governed by the Law on Marriage and Family 2014 and may take the form of:
➟ Divorce by mutual consent; or
➟ Divorce at the request of one party where lawful grounds exist pursuant to Article 56.

Divorce Procedure In Vietnam

Divorce proceedings are conducted in accordance with the Law on Marriage and Family 2014 and the Civil Procedure Code 2015. In practice, the duration and complexity of each case depend on whether the parties reach an agreement and on issues relating to children, property, and financial obligations.

1). Initial Legal Consultation
Prior to filing for divorce, parties are advised to consult with a lawyer to:
➟ Determine the appropriate form of divorce (mutual consent or unilateral);
➟ Assess legal rights and obligations concerning children, marital property, and maintenance;
➟ Prepare necessary documentation to avoid procedural delays.
Early legal consultation enables parties to gain an overall understanding of the process and anticipate potential issues.

2). Filing the Divorce Petition with the Competent Court
The filing party (or both parties in mutual consent divorces) submits the divorce dossier to the competent People’s Court, typically:
➟ The court where the respondent resides or works (for unilateral divorce); or
➟ The court where either party resides (for mutual consent divorce).
The dossier generally includes:
➟ Divorce petition;
➟ Marriage certificate;
➟ Identification documents of the spouses;
➟ Birth certificates of children (if any);
➟ Documents relating to marital property and joint debts (if applicable).
Upon receipt of a valid dossier, the court will notify the parties regarding the advance payment of court fees.

3). Court Mediation
Mediation is a mandatory step in most divorce cases, except in circumstances prescribed by law. During mediation:
➟ The court facilitates discussions between the parties regarding termination of the marital relationship;
➟ Issues relating to child custody, maintenance, and property division are also addressed.
If the parties reach a lawful and voluntary agreement, the court may issue a decision recognizing divorce by mutual consent.

4). Trial (Where Mediation Is Unsuccessful)
If mediation fails, the court will proceed to trial in accordance with procedural rules. At the hearing:
➟ Parties may present arguments and submit evidence;
➟ The court evaluates the circumstances of the case, particularly the grounds for divorce, the best interests of minor children, and the principles governing property division.
The trial aims to safeguard the lawful rights and interests of all parties involved.

5). Issuance of Divorce Judgment or Decision
At the conclusion of the proceedings, the court will issue either:
➟ A decision recognizing divorce by mutual consent; or
➟ A divorce judgment in cases of unilateral divorce.
The judgment or decision specifies:
➟ Termination of the marital relationship;
➟ Rights and obligations of the parties in relation to children;
➟ Division of assets and financial obligations (if any).
Such judgment or decision takes legal effect in accordance with applicable law and forms the legal basis for post-divorce rights and obligations.

Child Custody And Maintenance
When determining child custody, Vietnamese courts prioritize the best interests of the child pursuant to Articles 81–83 of the Law on Marriage and Family 2014, taking into account:
➟ Each parent’s capacity to provide care;
➟ Living conditions;
➟ The child’s wishes, where the child is of sufficient age and maturity.
Maintenance obligations are governed by Articles 110–116 of the same law.

Division Of Marital Property
The division of marital property upon divorce is conducted in accordance with Article 59 of the Law on Marriage and Family 2014, based on:
➟ Contributions made by each party;
➟ Family circumstances;
➟ Protection of the lawful rights and interests of women and children.

FAQ – Divorce Advisory

What are the legal grounds for divorce in Vietnam?=> Divorce may be granted by mutual consent or at the request of one party pursuant to Article 56 of the Law on Marriage and Family 2014.
How is child custody determined? => Custody decisions are based on the best interests of the child under Articles 81–83.
Is legal representation mandatory in divorce proceedings? => Legal representation is not mandatory but is strongly recommended to protect legal rights and interests.
How is marital property divided upon divorce? => Property division follows the principles set out in Article 59 of the Law on Marriage and Family 2014.

Trusted Legal Partner For Cross-Border Divorce Cases
With more than 20 years of experience in marriage and family law—particularly in divorce cases involving foreign nationals and Vietnamese citizens—An Law Vietnam is committed to delivering comprehensive, efficient, and strictly confidential legal solutions.
We provide end-to-end representation and advisory services, including document preparation, translation, consular legalization, and direct engagement with Vietnamese courts, enabling clients to save time while safeguarding their lawful rights relating to children, property, and residency in Vietnam.
Contact Us An Law Vietnam
📞 (+84) 986 995 543
📧 info@anlawvietnam.com
📍 Diamond Plaza, 34 Le Duan, Saigon Ward, Ho Chi Minh City
🏢 Vung Tau Branch: Vo Thi Sau, Vung Tau Ward, Ho Chi Minh City