Are you going through a divorce with your Taiwanese husband? Below are the common risks you should be aware of and effective ways to handle them.
Many divorce cases involving a Taiwanese spouse in Vietnam are rejected by the court due to the lack of an accurate address or contact information of the foreign husband. If you do not have his address, the court will request a supplement, prolonging the process.
When one party is living abroad, the divorce process may take 6 months to over a year, especially in unilateral cases or if there is a dispute over property or children. Costs may increase if you need legal representation, translation, notarization, or must proceed with legal action in both Vietnam and Taiwan.
Child custody becomes more complex when one parent is Taiwanese. For example, if the child holds Taiwanese nationality, inheritance and legal rights in Taiwan may differ, and the Vietnamese mother may face difficulties in gaining custody. Therefore, it's crucial to carefully consider before allowing your child to take foreign nationality.
In many cases, the Taiwanese husband refuses to return to Vietnam for the divorce or declines to provide documents or sign the agreement. This forces the Vietnamese spouse to proceed with a unilateral divorce in absentia, which includes submitting a request for a hearing without the husband’s presence, a power of attorney, and a statement to the court.
In mutual consent divorces, file at the provincial-level court where the Vietnamese spouse resides.
In unilateral divorces with the husband living abroad (Taiwan), the court in the Vietnamese spouse’s residence has jurisdiction. If the Taiwanese husband resides in Vietnam, file where he is living.
Required documents include:
Divorce petition (mutual or unilateral) using the correct court form,
Personal documents of both parties: ID/passport, household registration book, marriage certificate, child’s birth certificate (if any),
Foreign documents must be translated, notarized, and legalized into Vietnamese,
If the Taiwanese spouse is absent: include a request for trial in absentia, a written explanation, and a power of attorney.
Mutual consent: If both agree, the divorce can proceed in absentia. The process may take 3–4 months if documentation is complete.
Unilateral divorce: Requires legal grounds (e.g., abuse, serious violations, no contact). The process may take 9–12 months from the date the case is accepted.
Before filing, clearly agree on child custody, support, and visitation—preferably in writing to help the court’s decision.
If the child has Taiwanese nationality or resides in Taiwan, the Vietnamese mother should carefully consider international legal implications regarding inheritance and residency.
Marital assets (house, car, savings) must be proven with clear origin and split by mutual agreement to avoid lengthy disputes.
Divorcing a Taiwanese husband in Vietnam is not only a legal procedure but also involves long-term risks: file rejections, prolonged timelines, custody/property disputes, and difficulties when one party is absent. However, all risks can be managed if you prepare a proper file, determine the correct court jurisdiction, understand the process of mutual or unilateral divorce, and work with a professional legal firm for support.
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