Divorce Procedures with a Foreign Spouse in Vietnam: Required Documents and Common Legal Obstacles

More and more international couples are choosing Vietnam as their place of residence, work, or marriage. However, when things fall apart and divorce becomes inevitable, the process of divorcing a foreign spouse in Vietnam is far from simple. From paperwork and court jurisdiction to locating the foreign spouse or dividing assets and child custody, every step can present legal knots that make the process more complicated and time-consuming.

1. What is a foreign-related divorce?

A foreign-related divorce refers to cases where at least one party is a foreign national, or both spouses are Vietnamese citizens but got married and/or reside abroad. This is considered a complicated civil matter as it involves consular matters, nationality, and conflicting laws between countries.

Under Vietnam’s Law on Marriage and Family and the Civil Procedure Code, foreign-related divorces fall under the jurisdiction of the Provincial People’s Court — specifically, where the petitioner resides or where the respondent last resided before leaving Vietnam.

2. Required documents for a foreign-related divorce in Vietnam

To proceed with a divorce involving a foreign spouse, the petitioner must prepare the following documents:

• Divorce petition (for mutual consent) or divorce lawsuit petition (for unilateral divorce);

• Original marriage certificate. If the marriage was registered abroad, the certificate must be legalized and accompanied by a “marriage registration note” from the Department of Justice in Vietnam;

• Identification documents of both parties: citizen ID card, passport, or legally recognized alternative documents;

• Proof of residence and employment of both parties;

• Birth certificate of any children involved;

• Documents proving jointly owned assets (if there is a property dispute);

• Power of attorney (if one party cannot submit the application in person);

• All documents issued abroad must be consular legalized, translated into Vietnamese, and notarized as per Vietnamese law.

3. Divorce procedures involving a foreign element in Vietnam

1. Submit the application to the Provincial People’s Court where the respondent resides or where the petitioner temporarily resides (if the respondent is abroad);

2. The court will accept the case if the documents are valid and there are no grounds for rejection;

3. Mediation phase: mandatory for mutual consent divorces. In unilateral divorces, this step may be skipped if the respondent does not cooperate;

4. Trial process: The court may proceed in the absence of the respondent if properly summoned but unable to attend;

5. Issuance of judgment or decision to recognize the divorce.

Typically, the processing time ranges from 4 to 6 months. However, this may take longer if it involves international judicial entrustment or the uncooperativeness of the respondent.

4. Common challenges in divorcing a foreign spouse

4.1. Inability to locate the foreign spouse

A common challenge is the petitioner being unable to determine the current address of the foreign spouse. The court requires a precise address for proper notification. In many cases, the petitioner only knows outdated information, or the spouse has moved, which leads to delays due to the need for suspension or time-consuming judicial entrustment.

4.2. Unregistered foreign marriage in Vietnam

If the couple got married abroad but failed to register the marriage with the competent Vietnamese authority, the court may reject the case, citing a lack of legal grounds to confirm a valid marriage under Vietnamese law.

4.3. Foreign documents not consular legalized

Many people are unaware that documents issued abroad must be consular legalized, translated into Vietnamese, and notarized before being accepted in Vietnamese courts. Failure to do this can result in rejection or delay due to required supplementation.

4.4. Complicated judicial entrustment

When the respondent resides abroad, taking their statement or delivering court notices often requires judicial entrustment via international channels. Vietnam only has mutual legal assistance treaties with a limited number of countries. In other cases, such procedures are either impossible or heavily delayed, forcing courts to either proceed in absentia or suspend the case.

4.5. Disputes over cross-border children and assets

When custody or asset disputes involve properties abroad, the case becomes far more complex. Vietnamese courts only have jurisdiction over properties located within Vietnam. If the assets are overseas, cooperation from that country is required — something that is not always feasible.

5. Conclusion

Divorce is already an emotionally draining journey. When it involves a foreign spouse in Vietnam, it brings along additional legal and procedural hurdles. Understanding the process, preparing a complete dossier, and anticipating potential risks can help you save time, reduce costs, and avoid unnecessary legal complications.

If you are going through a divorce with a foreign spouse, don’t panic. The key is having accurate information and timely legal support. Choosing a legal consultancy with proven experience in foreign-related divorce cases will be your safest and most effective solution.

Contact DEDICA Law Firm for expert legal consultation!

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