Can the Divorce Process with a Foreigner Be Shortened in Vietnam?

You are currently in Vietnam, going through a divorce with a foreign spouse, and wondering: is there any way to shorten the divorce process in Vietnam? Especially since the procedures often take several months, which can seriously impact both parties’ work and emotional well-being. This article compiles the most up-to-date information from reputable law firms and current regulations, giving you a clear view of practical solutions to save time.

Current Duration of Divorce with a Foreigner in Vietnam

1. Mutual Consent Divorce

The duration for mutual consent divorce involving a foreign element typically ranges from 3–4 months after the court accepts the case, provided all documents are complete and both parties cooperate.

Some local law offices, like in Dong Nai province, even advertise faster processing times (2–3 weeks), but this is usually under very favorable conditions—such as the foreign spouse residing in Vietnam, complete documentation, and swift processing by the provincial court.

2. Unilateral Divorce

In unilateral divorce cases—especially when the foreign spouse resides abroad—the process can last from 6 to 12 months, or even up to 12–24 months if international judicial entrustment is required.

This reflects the reality that unilateral divorce is significantly more complex and depends on factors like the other party’s cooperation, asset documentation, child custody issues, and nationality.

Can the Divorce Process Be Shortened?

1. Is a Summary Procedure Applicable?

According to a lawyer at Cam Ranh Court (Khanh Hoa), the 2015 Civil Procedure Code allows summary procedures for some civil cases. However, divorces involving foreign elements are generally not eligible if they involve overseas property disputes, counterclaims, or when one party resides outside of Vietnam.

That said, another legal view suggests that summary procedures may still be possible if conditions are met: no complex disputes, no minor children whose wishes must be considered, and if the foreign spouse agrees to a trial in absentia. However, actual implementation remains limited and lacks clear guidance.

2. Key Factors to Shorten the Process

• Clear mutual agreement from the start: If both parties agree and provide full documentation (e.g., on property, children, visas, passports), courts tend to process the case more quickly—often finalizing it within 3–4 months.

• No property or custody disputes: The simpler the case, the easier it is to expedite.

• Foreign spouse resides in Vietnam: This simplifies notifications, verifications, translations, and consular legalization—cutting administrative delays.

• Professional legal support: Proper consultation, accurate document preparation, and progress monitoring help significantly reduce case processing time.

Practical Steps to Speed Up the Divorce Process in Vietnam

1. Prepare Complete and Valid Documents

You need to prepare the following:

• Application for mutual consent divorce or a unilateral divorce petition (per court form).

• Marriage certificate, passports, and IDs of both parties.

• Birth certificates of any children; documents proving shared property or debts (if applicable).

• For foreign spouses: passport, visa, residence address, and any foreign-issued documents properly translated, notarized, and legalized.

2. Appear in Person or Authorize a Lawyer

• Mutual Consent: Both parties should attend the court hearing for faster reconciliation. If one is abroad, they can submit a written request for a hearing in absentia.

• Unilateral Divorce: If the foreign spouse is abroad and uncooperative, the process can drag on for months. However, if a valid in-absentia trial request is submitted, the time may be shortened—though still usually longer than mutual consent divorce.

3. Closely Monitor Case Progress

• Once the court accepts the case, they will request a court fee deposit within 7 days. Timely payment with the correct receipt ensures the court begins processing promptly.

• For mutual consent divorces, the court is required to hold a reconciliation meeting within 15 days from case acceptance.

4. Leverage the Advantages of Mutual Consent Divorce

• Duration can be shortened to 2–3 months or even just weeks if handled by an efficient local court with professional legal support.

• Avoid disputes, enable smooth reconciliation, and reduce the need for complex verification.

Conclusion

• Prioritize mutual consent divorce if possible—it’s faster and saves time in Vietnam.

• Prepare documents thoroughly, including translation, notarization, and legalization when required.

• Choose experienced legal counsel or law firms with expertise in international divorce for smooth processing.

• If one party is abroad, consider in-absentia proceedings through a written request to expedite the process.

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