Divorce and Property Dispute with Foreign Elements: How Long Does It Take in Vietnam?

Are you wondering how long it takes to resolve a divorce case involving foreign elements along with a property dispute in Vietnam?

1. Identifying “foreign elements” in divorce and property disputes

A divorce is considered to involve foreign elements when:

• One spouse is a Vietnamese citizen and the other is a foreigner; or

• Both parties are foreigners residing in Vietnam; or

• A Vietnamese citizen is residing abroad at the time of divorce and does not have a common place of residence with the other party in Vietnam.

In cases where there is property involved, such as real estate in Vietnam or abroad, the division of property must follow the law of the location where the property is situated. Specifically, real estate located abroad is governed by the law of the host country.

Divorce cases with foreign elements are under the jurisdiction of the Provincial People’s Court, except in special cases where parties reside in border areas which may be handled by District-level courts.

2. Duration for resolving divorce cases with foreign elements and property disputes

2.1 Estimated time depending on procedure types

In an uncontested divorce involving foreign elements, legal experts such as HTCLaw and Dandwin estimate that if all documents are complete, asset division is clearly agreed upon, and there are no issues with international service of process, the case can be resolved within 1 to 4 months at the first-instance court.

For contested divorces with foreign elements, the first-instance trial period is usually 4 to 6 months. However, it may extend to 9 to 12 months if the respondent is absent, the property dispute is complex, or judicial entrustment is required. If a second conciliation session needs to be held, the court must conduct it within one month of the first session.

If the respondent is overseas and unable to attend court proceedings, the duration may extend to 12 to 24 months due to the time needed for international judicial procedures, including service of documents, translation, and coordination between two countries' courts.

2.2 How long does a property dispute take?

If there is still an unresolved dispute over joint property after the divorce judgment, a separate lawsuit must be filed. According to Article 203 of the Civil Procedure Code 2015:

• First-instance proceedings must be completed within 4 months, extendable by 2 months for complex cases.

• If appealed, appellate proceedings take around 3 months, with a possible 1-month extension.

If the divorce case has already been prolonged, the additional property dispute could bring the total duration up to 10 to 18 months or more, depending on the presence of a party abroad or the complexity of the assets involved.

3. Factors that affect actual duration

3.1 Can the party abroad attend the trial?

If the respondent resides in another country, the court must go through diplomatic channels for serving documents. This procedure can add 6 to 12 months or more, depending on the foreign country’s legal system or administrative delays.

3.2 Are there real estate or other assets abroad?

If the joint property includes foreign real estate, the case may require parallel legal processes in both countries—Vietnam for assets within the country, and the foreign country’s law for assets abroad. This increases the duration and legal costs significantly.

3.3 Is the asset documentation clear?

Assets with complicated origins—such as gold brought from abroad, land transfers, or financial instruments—often require additional evidence, legalization, and translation. Courts may also request clarification on the origin of assets, which prolongs the resolution time of the property dispute.

3.4 Are there appeals?

If one party appeals after the first-instance ruling, an appellate trial will follow, typically adding another 3 to 4 months, or an extra month if the case is complex.

4. Conclusion

• From 6 to 8 months if it’s an uncontested divorce with no complex property disputes.

• From 9 to 12 months, or even 12 to 18 months for contested cases, especially when one party resides abroad or the assets are complicated.

• After divorce, if property disputes persist, expect at least 4 more months for first-instance proceedings, plus another 3 to 4 months if there’s an appeal—totaling up to 18 to 24 months.

If you are going through a divorce with foreign elements and facing property disputes:

• Prepare clear documentation proving ownership and contribution to the assets.

• Contact an experienced attorney in international marriage and property disputes early on.

• Consider early negotiations and settlement to reduce litigation time.

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