Can You Get Divorced in Vietnam If You Got Married in South Korea?
1. How is a foreign marriage recognized in Vietnam?
If you registered your marriage in South Korea, you do not need to register it again in Vietnam. However, for it to be legally recognized in Vietnam, you must complete the marriage registration annotation at the District-level People’s Committee where you reside in Vietnam.
Note: If you do not complete this annotation, your marriage will not be recognized by Vietnamese law, meaning you cannot proceed with procedures like divorce in Vietnam.
2. Divorce in Vietnam – Conditions and Required Documents
2.1. Is unilateral divorce possible in Vietnam?
Yes. According to Article 51 of the Law on Marriage and Family 2014, if one spouse is a Vietnamese citizen or both have permanent residence in Vietnam, you are entitled to request a divorce in a Vietnamese court.
The competent court is usually:
The People’s Court at the provincial level where the respondent (spouse) resides or works.
If the respondent’s residence is unknown, you may file the petition at your own place of residence.
2.2. What documents are needed for a unilateral divorce?
Unilateral divorce petition
Marriage certificate (original or notarized copy, with annotation if required)
ID cards/Passports of both parties
Birth certificates of any common children (if applicable)
Documents regarding shared assets (if there is a dispute)
After submission to the provincial court, the processing time is typically 4–6 months, depending on the complexity of the case.
3. Divorce without the physical presence of the spouse residing in South Korea
3.1. Mutual (consensual) divorce
This can be done if both spouses agree to divorce and have resolved issues regarding property, child custody, and support.
If one spouse is in South Korea and cannot return to Vietnam, the divorce can still proceed in absentia at the provincial court where the other spouse resides.
Documents required:
Mutual divorce petition
Marriage certificate
Passport/ID of both parties
Birth certificate of the child (if any)
Request for trial in absentia
Power of attorney (if applicable)
After a reconciliation session (within about 7 days), if no changes are made, the court will issue a divorce judgment, and the divorce will be recognized under Vietnamese law.
3.2. Unilateral divorce when the spouse in South Korea is unreachable
You may still file for a unilateral divorce in Vietnam.
The court will proceed with the following steps:
Verify the residence of the respondent
Make a public announcement if the address is unknown
If the respondent does not cooperate, the court will conduct a trial in absentia
This process may take longer due to the need for verification and international judicial assistance.
4. Already divorced in South Korea – How to have it recognized in Vietnam?
If you have already finalized your divorce in South Korea and want it to be recognized in Vietnam, you must:
Obtain the divorce judgment/decision from South Korea (consular legalized if required)
Report the divorce result to the Vietnamese Embassy or Consulate in South Korea
Submit the legalized judgment/decision to annotate the divorce at the District-level People’s Committee where you reside in Vietnam
Once accepted, you will be issued an excerpt of the civil status record, confirming your divorce — which serves as proof of single status and allows you to proceed with future marriage procedures.
Conclusion
Getting divorced in Vietnam after registering a marriage in South Korea is entirely feasible, provided you have completed the marriage annotation process and comply with Vietnamese legal procedures. If you need assistance with document preparation, timelines, or litigation strategies – DEDICA Law Firm is here to support you with practical, creative, and efficient legal solutions.
About DEDICA Law Firm
At DEDICA Law Firm, we take pride in offering committed and expert legal consultation, especially in international marriage and divorce matters in Vietnam. Let us help you navigate your paperwork smoothly, ensure legal certainty, and confidently step into your next chapter.
Contact DEDICA Law Firm for expert legal consultation!
📞 Hotline: (+84) 39 969 0012 (Available on WhatsApp, WeChat, and Zalo)
🏢 Head Office: 144 Vo Van Tan Street, Xuan Hoa Ward, Ho Chi Minh City (144 Vo Van Tan Street, Vo Thi Sau Ward, District 3, Ho Chi Minh City)
🕒 Business Hours: Monday – Friday (8:30 AM – 6:00 PM)
Reach out today for a free initial consultation with our team of professional lawyers!
