Divorce when one or both spouses have dual nationality – Which law applies in Vietnam?
1. What is “a marriage involving foreign elements” and which law applies?
According to Article 127 of the Law on Marriage and Family 2014:
Divorce between a Vietnamese citizen and a foreigner, or between two foreigners who reside in Vietnam, shall be handled under Vietnamese law by a Vietnamese court.
If the Vietnamese citizen does not reside in Vietnam at the time of requesting the divorce, the divorce shall be settled according to the law of the country where the spouses last cohabited. If there is no common place of residence, Vietnamese law shall be applied.
Real estate located abroad will be governed by the law of the country where the property is situated.
What if one or both spouses have dual nationality – which law applies?
There are two common scenarios:
Both parties have dual nationality: For example, both hold Vietnamese and foreign citizenship but reside in Vietnam → Vietnamese law is applied entirely under Article 127 of the Law on Marriage and Family 2014.
One party has dual nationality (Vietnamese + foreign), the other has only Vietnamese or a different nationality:
If both reside in Vietnam → Vietnamese law applies.
If the Vietnamese dual-national does not reside in Vietnam at the time of filing for divorce, and the other party resides elsewhere:
If they share a place of residence, the law of that country applies.
If no shared residence exists, Vietnamese law applies.
In short: In a divorce involving dual-national spouses, the applicable law is primarily determined by the place of residence, not directly by nationality.
2. Jurisdiction to handle divorce involving dual nationality in Vietnam
2.1. Which court has jurisdiction?
According to Articles 469 and 470 of the 2015 Civil Procedure Code, only Vietnamese courts have jurisdiction to resolve divorce cases involving foreign elements when:
The spouses are either Vietnamese citizens or foreigners permanently residing in Vietnam.
Or the case involves assets or legal matters requiring judicial entrustment related to foreign laws.
Provincial-level courts usually handle divorces involving foreign elements, except in certain special cases under the jurisdiction of district-level courts (e.g., border-area residence, both spouses and property are in Vietnam, no need for judicial entrustment).
2.2. Divorce procedures
Mutual consent divorce
Both spouses agree to divorce and have a consensus on asset division, child custody, and alimony.
Required documents: petition for mutual consent divorce, marriage certificate, passport/ID, residence documents, asset declaration, etc. If married abroad, the marriage must be registered (annotated) at the Vietnamese Department of Justice.
The court (district/provincial) processes the file within 7–15 days, then schedules a hearing and issues a judgment if the agreement ensures the legitimate rights of the wife and children.
Unilateral divorce
One party wants to divorce but the other refuses, or they cannot reach an agreement on assets/children.
Must prove that the marriage has deteriorated (e.g., domestic violence, violation of spousal obligations under Article 56 of the Law on Marriage and Family 2014).
Required documents: divorce petition, personal ID papers, residence documents, asset information, evidence of violence (if any), and legalized documents if filed from abroad.
The court accepts the case, collects court fees, arranges mediation and trial under first-instance procedures. Resolution time usually ranges from 6 to 12 months or more for foreign-element cases.
2.3. Children and asset-related issues
Child custody: If the child is under 36 months, the mother is usually granted custody; if the child is 7 or older, the court will consider the child’s wishes and prioritize the child’s best interest based on the parents' agreement (Articles 81 and 82 of the Law on Marriage and Family 2014).
Assets in Vietnam: Divided according to Vietnamese law if the dispute is handled in a Vietnamese court.
Assets abroad, especially real estate, are governed by the law of the country where the property is located, and do not affect the divorce process in Vietnam.
Conclusion
Divorcing when one or both spouses have dual nationality is not just a personal matter—it’s a complex legal process. It requires a clear understanding of the applicable law, jurisdiction, and preparation of documentation related to assets, children, and nationality. Depending on the spouses’ residence, nationality, and property elements in Vietnam or abroad, the process may be straightforward or prolonged, often requiring in-depth legal assistance.
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