Divorce Services For Foreign Nationals In Vietnam

In-depth Analysis & Guidance on Common Scenarios
Divorce involving foreign elements is inherently more complex than standard domestic divorce due to differences in nationality, residence, assets across multiple jurisdictions, and the legalization of foreign documents. Below is a detailed analysis of typical cases that An Law Vietnam has handled.

Divorce between a Foreign National and a Vietnamese Citizen

Mutual Consent Divorce

Requirements: Both parties voluntarily agree to dissolve the marriage and have reached agreements on child custody, alimony, and property division.
If such agreements safeguard the legitimate rights of the spouses and children, Vietnamese courts will issue a decree recognizing a mutual consent divorce (pursuant to Article 55 of the 2014 Law on Marriage and Family).

Special considerations for foreign nationals:

• Marriage certificates must be consularly legalized if issued abroad.
• All documents must be notarized and translated into Vietnamese.
• Competent court: Provincial People’s Court where the Vietnamese spouse resides or where both spouses reside in Vietnam.

An Law Vietnam support: Preparation of documents, legalization, court liaison, and case tracking.

Unilateral Divorce

If one party does not consent to divorce or fails to cooperate, the other party may file for unilateral divorce (Article 56, 2014 Law on Marriage and Family).

Foreign-related considerations:

• Determining the jurisdiction of Vietnamese courts if one party is abroad or uncontactable.
• Service of process abroad in accordance with the Hague Convention or via diplomatic channels.
• Resolution may take longer (typically 4–8 months).

An Law Vietnam role: Full representation, including service of process, verification, and court attendance.

Unknown Residence of the Respondent

If a spouse has been separated for years and their address is unknown, An Law Vietnam can:

• Assist in verifying the last known residence through local authorities.
• File a petition for declaration of disappearance under the 2015 Civil Code, allowing subsequent divorce filing.
• In certain cases, request judgment in absentia once proper service has been completed.

Divorce between Two Foreign Nationals Residing in Vietnam

Mutual Consent Divorce

If both foreign nationals legally reside in Vietnam and wish to divorce here, Vietnamese courts have jurisdiction (Article 127, 2014 Law on Marriage and Family).

Requirements:

• Marriage registered in Vietnam or recognized under Vietnamese law.
• Full agreement on children and property.

Advantages: Faster resolution (typically 2–3 months).
An Law support: Document preparation, legalization of foreign papers, interpretation, and court representation.

Unilateral Divorce

If only one party seeks divorce, the respondent’s residence in Vietnam must be verified.
Courts may employ international judicial assistance if the other party has returned abroad.

Common issues:

• Expired personal documents (passport, temporary residence card).
• No valid address in Vietnam.
• Assets and children across multiple jurisdictions.

An Law Vietnam assistance:

• Determine appropriate court jurisdiction.
• Serve documents abroad in compliance with regulations.
• Full legal representation in Vietnam.

Child Custody & Property Division (Including Abroad)

Child Custody
Vietnamese courts prioritize the child’s best interests, considering:

• Economic conditions, residence, and caregiving time.
• Child’s age and wishes (from age 7).
• Children under 36 months typically granted to the mother unless exceptional circumstances.

An Law services: Develop custody strategies, gather evidence on income, housing, residency, and schooling.
Property Division
Property acquired during marriage is joint property and divided based on fairness, considering each party’s contributions and circumstances.
For foreign assets, Vietnamese courts handle assets within Vietnam; assets abroad may require international judicial assistance.
An Law expertise: Collaborate with foreign judicial authorities, banks, and financial institutions to verify and protect client interests.

Required Documents & Preparation Process

Basic Documents:

1. Divorce petition (court form).
2. Original marriage certificate (consularly legalized and translated into Vietnamese).
3. Passport, temporary residence card, or proof of residence in Vietnam.
4. Child’s birth certificate (if applicable).
5. Documents evidencing joint or separate property (if property division requested).

Translation & Consular Legalization:
All foreign-issued documents must be:

• Certified/consularly legalized at a diplomatic authority.
• Notarized and translated into Vietnamese.

Court Representation:
Foreign nationals may authorize An Law Vietnam attorneys to handle the entire process, including:

• Filing and receiving court notifications.
• Participating in mediation and trial.
• Receiving divorce judgments or decrees.

Conclusion – An Law Vietnam Solutions

With over 15 years of experience in marriage and family law, particularly foreign-Vietnamese divorces, An Law Vietnam is committed to providing comprehensive, efficient, and confidential legal solutions.
We manage the divorce process end-to-end—drafting documents, translation, consular legalization, and direct court representation—saving clients time while protecting their lawful rights regarding children, property, and residence in Vietnam.

Contact Us:

📞 Phone: (+84) 986 995 543
📧 Email: info@anlawvietnam.com
📍 Head Office: Diamond Plaza, 34 Le Duan Street, Sai Gon Ward, Ho Chi Minh City
🏢 Vung Tau Branch: Vo Thi Sau Street, Vung Tau Ward, Ho Chi Minh City