Divorcing a South Korean Spouse – What Documents Are Required?

Jun 16

1. Legal Basis & Jurisdiction

According to Article 127 of the 2014 Law on Marriage and Family and the 2015 Civil Procedure Code, divorces involving a foreign spouse (including South Korean nationals) are handled by the provincial-level People’s Court where either the Vietnamese spouse resides—if the other party does not reside in Vietnam.

2. Required Documents

Below is the basic set of documents needed when filing for divorce with a South Korean citizen in Vietnam:

A divorce petition according to the official form – this may be either unilateral or mutual, depending on the case.
Original marriage certificate; if the marriage was registered at the South Korean Embassy, it must first be recorded in Vietnam before filing for divorce.
Personal identification: passports and Vietnamese ID cards (CMND/CCCD) for both parties (certified copies required).
Residency documents of the South Korean spouse in Vietnam: temporary residence card, passport, visa – all are mandatory.
Birth certificates of any children from the marriage, if applicable.
Evidence of jointly owned assets and debts, if applicable.
Evidence supporting the reason for divorce: statements regarding domestic violence, infidelity, or serious breaches of marital obligations.
Any documents issued by South Korea (e.g., marriage certificate, passport, residence certificate) must be translated into Vietnamese, notarized, and consular legalized.

3. Procedure & Filing Notes

File the divorce petition at the provincial-level People’s Court in the area where either party resides. If the divorce is mutual, it may be filed at the district-level court where one of the spouses resides.
Court mediation is mandatory – if mediation fails, the Court will proceed to a first-instance trial. If the South Korean spouse cannot attend, a request for trial in absentia must be submitted with justifiable content for the Court to approve.
If the divorce involves disputes over property or child custody, the Court will publicly examine the evidence, conduct hearings, and issue a final decision.

4. Timeline & Related Fees

Processing time:

Mutual consent: approximately 3–4 months.
Unilateral: if judicial entrustment is required (due to the absence of the South Korean spouse), it may take 1–2 years for complex cases.

Court fees & costs:

Filing/court fees: 300,000 VND (if no property dispute).
For cases with property disputes: fees are calculated based on asset value according to statutory rates.
Additional costs may include translation, consular legalization, and judicial entrustment to verify documents in South Korea.

5. Important Notes

Marriage recording: You cannot file for divorce in Vietnam if your marriage was only registered with the South Korean Embassy and not recorded in Vietnam.
Absentee handling: Divorce can still proceed in absentia, provided the Court receives sufficient documents, confirms the address of the absent spouse, and a request for trial in absentia is filed per Articles 477 and 288 of the Civil Procedure Code.
Legal assistance: It is strongly recommended to hire a lawyer—this ensures the documents are correctly prepared, authorization is handled, overseas procedures are fulfilled, and you have legal representation in Court, saving time and protecting your rights.

6. Conclusion

Divorcing a South Korean spouse in Vietnam requires thorough legal document preparation, especially:

Proper marriage recording,
Document translation and consular legalization,
A formal request for trial in absentia (if the Korean spouse cannot attend).

For mutual consent, the process is relatively quick (3–4 months). For unilateral cases, especially those involving absence or property disputes, the process can take significantly longer (1–2 years). Having an experienced lawyer is essential for smooth and comprehensive legal support.