What to Do When You Want a Divorce in Vietnam Without Having Registered the Marriage?

You’ve been living together as husband and wife but haven’t registered your marriage — and now you want to separate? This situation is quite common in Vietnam. However, when it comes to “divorce,” you legally cannot get a divorce if your marriage was never registered. Instead, you must file a request for the court to declare the non-recognition of the spousal relationship. This article summarizes the latest legal regulations and provides step-by-step guidance to help you best protect your rights regarding children and joint property, in accordance with Vietnamese law.

1. Why can’t you “divorce” without registering the marriage?

According to the 2014 Law on Marriage and Family, a marital relationship is only legally recognized when the couple has registered the marriage with the competent authority. If you’ve been living together without a marriage certificate, you do not have the legal right to request a divorce. Instead, you must submit a request for the court to declare the non-recognition of the spousal relationship.

Article 53 of the Law on Marriage and Family clearly states:

"In case there is no marriage registration but a request for divorce is made, the Court shall accept the case and declare the non-recognition of the spousal relationship..."

Thus, the accurate legal term in this context is “request for non-recognition of the spousal relationship.”

2. Procedures to request non-recognition of the spousal relationship

2.1. Where to file the petition

Submit your application to the People’s Court at the district (or urban district) level where the other party resides or works.

2.2. Required documents

– Petition requesting non-recognition of spousal relationship (using court-issued form).
– Personal identification documents (ID card, passport).
– Household registration book, certificate of marital status.
– Birth certificate(s) of child(ren), if any.
– Proof of joint assets (land use rights certificate, vehicle registration, contracts, invoices, etc.).

2.3. Procedure and handling process

The court will:

• Verify and accept the application within 3 days.

• Notify parties to pay a court fee deposit.

• Send summons if there are disputes over children/assets.

• Issue a decision or judgment declaring non-recognition of the spousal relationship, and resolve custody and asset division if needed.

2.4. Mediation procedures

As this is a “request for civil matter,” if both parties have agreed on mediation, the court may skip formal mediation. If disputes arise, the court will treat it as a civil case under the Civil Procedure Code.

3. Resolving child custody and asset disputes

3.1. Child custody

The law still protects the rights of shared children. Even without a registered marriage, children are considered legal offspring of both parties, and custody, alimony, and visitation rights are handled under Articles 81–87 of the Law on Marriage and Family.

The parents may agree on custody arrangements. If they cannot, the court will rule based on:

• Children under 36 months are typically placed with the mother.

• For older children, the court considers living conditions, caretaking experience, and the child’s wishes.

3.2. Joint property

Under Article 16 of the Law on Marriage and Family, assets formed during the cohabitation period are considered joint property and divided based on contribution. If disputes arise, the court will divide according to financial evidence. If agreement exists, the court honors it; if not, it applies general civil law principles.

4. Distinguishing between “civil matters” and “civil cases”

Currently, there are two perspectives:

• Civil matter: when both parties agree and there are no disputes.

• Civil case: when one party unilaterally files the petition and disputes over children/assets exist.

Regardless, the process of “declaring non-recognition of the spousal relationship” is governed under Articles 14–16 of the Law on Marriage and Family. Understanding this distinction helps you better prepare.

5. Important notes and recommendations

• Clearly state your purpose: in your petition, specify: “Request for non-recognition of spousal relationship,” and include claims about children and assets if applicable.

• Collect full evidence: birth certificates, residence verification, proof of purchases, transfers, invoices, etc.

• Determine court jurisdiction: file at the location of the other party’s residence if they disagree.

• Hire a lawyer: to help build a solid file, protect your interests, and avoid delays due to incomplete or incorrect documentation.

• Court fees: these are “non-valued civil matters” so the fees are relatively low (typically a few hundred thousand VND).

6. Summary process – what you should do

1. Determine your objective:

   • Not yet registered → request non-recognition.

   • Want to legalize the relationship later → apply for marriage registration at the local People's Committee.

2. Prepare documents:

   • Petition, personal IDs, birth certificates, property records, household verification.

3. Submit to district-level People's Court:

   • Processed within 3 working days, court fee deposit notice issued.

4. Court resolution:

   • Mediation if needed; if no dispute → decision issued.

   • If dispute → civil trial held.

5. Receive decision/judgment:

   • If there are children → custody and alimony decided.

   • If there are assets → divided by contribution ratio.

7. Why follow proper legal procedures?

• Transparent legal status: a court decision ensures long-term protection and avoids future lawsuits.

• Protects child’s rights: court affirms custody and appropriate alimony.

• Fair asset division: avoids prolonged disputes or asset loss.

• Eases future marriage registration: helpful if the couple wants to legalize the relationship later.

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