Divorce and Property Division Without a Marriage Certificate in Vietnam: Latest Legal Guide

You and your partner live together as husband and wife, maybe even have children—but have never registered your marriage. So when you want to “divorce,” how can you legally divide assets and determine custody in Vietnam? Let’s break it down clearly below.

Divorce Without a Marriage Certificate – Is It Legally Recognized?

1. Cohabitation is Not Considered a Legal Marriage

According to Article 9 of the Law on Marriage and Family 2014, a marriage is only legally recognized when both parties have registered it at a competent state agency. This means that if you are merely cohabiting without registration, the law does not consider it a legal marriage. Therefore, you cannot file for divorce in the legal sense.

However, for couples living together as husband and wife before January 3, 1987, the law has a special provision: such a relationship may still be recognized as a legal marriage, but it requires confirmation from the local People's Committee.

If you started living together from 2001 onward without registration, you cannot file for divorce. Instead, disputes over children and property must be settled under the Civil Code.

2. How to End a Cohabiting Relationship?

If you wish to terminate your relationship without a marriage certificate, you should:

• File a petition to the court – not for divorce, but to request:

  • “Non-recognition of marital relationship”

  • Or settlement of disputes regarding shared children and property

The court will not accept a “divorce” case but will instead address the substantive issues like property division or child custody.

Dividing Property Without Marriage Registration – What Principles Apply?

1. Civil Code Applies – Not the Law on Marriage and Family

Without a marriage certificate, shared property is not handled as "joint marital property." Instead, the Civil Code’s provisions on co-ownership apply:

• Mutual agreement is the highest priority. If there is a clear written agreement between the two parties, the court will respect it.

• If no agreement is reached, the court will divide the assets according to each party's contributions, including financial input, effort, creativity, household care, etc.

• Separate property—owned before cohabiting, inherited, or gifted individually—remains with the rightful owner and is not subject to division.

2. Special Cases Based on Cohabitation Periods

According to legal experts:

• Before January 3, 1987: The cohabiting relationship may be recognized as a legal marriage—treated similarly to divorce.

• From January 3, 1987 to before January 1, 2001: Even without registration, the couple is not recognized as husband and wife. However, if disputes arise, property may still be divided similarly to marital assets.

• From January 1, 2001 to present: The relationship is not recognized. Property is divided strictly under co-ownership principles of the Civil Code.

3. Child Custody Is Still Protected

Even if parents are not legally married, the parent-child relationship is protected by law. The court will decide custody and child support based on the 2014 Law on Marriage and Family and the 2015 Civil Procedure Code.

Practical Guidance & Legal Expert Advice

1. Lost Marriage Certificate? Divorce Is Still Possible

If you had previously registered your marriage but lost the certificate, you can still obtain a certified copy from the local People’s Committee where the registration was done. This document has the same legal value as the original for divorce proceedings.

Once you obtain this, you can submit your divorce documents (mutual or unilateral) to the District People’s Court for processing.

2. Never Registered Marriage? Treat It as a Civil Dispute

If there was never a marriage registration, you cannot divorce. Instead, file a petition to:

• Resolve property disputes under co-ownership principles

• Determine child custody and support under the Marriage and Family Law

The District People’s Court where one party resides will have jurisdiction under civil procedures.

3. How to Protect Your Legal Rights?

• Collect clear evidence: contracts, receipts, financial contributions—especially helpful to prove shared ownership.

• Put any agreements in writing, if possible—to avoid prolonged disputes.

• Hire a legal expert: Firms like Dedica Law, Thien Thanh Law, and ACC Can Tho offer detailed guidance and practical legal services to help you prepare documentation, procedures, and negotiations.

Conclusion

If you are cohabiting without marriage registration and want to “divorce,” you cannot legally divorce but must ask the court to resolve property and child-related disputes under civil law. On the other hand, if you did register but lost your certificate, simply request a certified copy to proceed with a formal divorce.

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