Getting Married Abroad, Divorcing in Vietnam – Is It Complicated?

Jun 19

When a couple has registered their marriage abroad but wishes to divorce in Vietnam, procedures such as consular legalization and registering the marriage in Vietnam must be completed before proceeding with the divorce process.

1. Registering the Marriage in Vietnam

If the marriage was registered overseas, the following steps must be taken before divorcing in Vietnam:

Consular legalization of the marriage certificate, including authentication at the Vietnamese embassy/consulate in the country of marriage.
Registering the marriage with the Department of Justice in Vietnam to have it legally recognized under Vietnamese law.

Only after this registration will Vietnamese courts accept the divorce application.

2. Preparing Divorce Documents Involving Foreign Elements

According to the Law on Marriage and Family and guidance from Dedica Law Firm, you will need:

A divorce petition (mutual consent or unilateral)
The marriage certificate (with consular legalization and registration at the Department of Justice)
ID/passports of both spouses
Household registration book, proof of residence, and passport or residency documents of the foreign spouse (if absent)
Birth certificates of children (if any), and documents related to joint property (land use rights, contracts, vehicles, bank accounts, etc.)
Additional documentation for unilateral divorce (such as a declaration of absence, judicial entrustment, etc.)

3. Jurisdiction of the Court

District-level courts: when one spouse resides in Vietnam (based on the defendant’s residence/temporary residence).
Provincial-level courts: when one party is a foreign national residing abroad or when the case involves complex foreign elements.

4. Divorce Proceedings

Submit the file to the appropriate court based on jurisdiction.
Pay the provisional court fee (300,000 VND if no asset disputes; if assets are involved, the fee depends on the disputed value).
Internal mediation at the court—commonly conducted but not mandatory at the ward/commune level.
First-instance trial:
- Mutual consent: takes about 3–4 months.
- Unilateral: takes about 4–6 months; the trial may proceed in the absence of the foreign spouse.

5. When the Foreign Spouse is Absent

The court can still process the divorce if the absent party has submitted a "statement of absence", which includes self-declared details about children and property; the signature must be notarized/legalized at the Vietnamese embassy.
Judicial entrustment: The court may send notifications through consular or foreign judicial channels per Inter-Ministerial Circular No. 12/2016.

6. Practical Notes

If both spouses are absent (both living abroad), the court may reject or suspend the case and recommend divorce proceedings abroad.
Missing original documents (passport, marriage certificate) may require reissuance or extracts, causing delays.
Be prepared for additional expenses: consular legalization, judicial entrustment, translation, etc., before filing.

Conclusion

Getting married abroad and divorcing in Vietnam may seem complex but is entirely feasible if you:

Complete consular legalization and register the marriage in Vietnam.
Prepare a comprehensive file and determine the correct court jurisdiction.
Plan for cases where the foreign spouse is absent (with statement of absence or judicial entrustment).
Consider internal mediation for faster resolution and cost savings.

If you need step-by-step guidance, document preparation, or legal representation, contact DEDICA Law Firm – your reliable partner throughout the process, ensuring legal compliance and effective outcomes.