Getting Married in Australia – Can You Get Divorced in Vietnam?
1. Registering Marriage in Australia – Procedures and Recognition in Vietnam
1.1. Marriage Conditions in Australia and Required Documents
According to Australia's Marriage Act 1961, Vietnamese citizens are not required to have residency or citizenship to marry in Australia — they only need to marry under a legally recognized ceremony, submit a Notice of Intended Marriage at least one month in advance, and have the ceremony conducted by an authorized celebrant. After the wedding, the celebrant will submit the documents to the state or territory registry to issue the official marriage certificate.
For Vietnamese citizens who marry in Australia, in order for the marriage to be valid in Vietnam, the marriage certificate must be translated, consularly legalized, and accompanied by a Certificate of No Impediment to Marriage (CNI) issued by the Australian Consulate in Vietnam.
1.2. Is a Marriage in Australia Recognized in Vietnam?
According to Vietnam’s Civil Status Law (Decree 123/2015, updated by Decree 120/2025), a Vietnamese citizen who registers marriage abroad must carry out the marriage registration acknowledgment ("marriage annotation") at the local commune-level People’s Committee for the marriage to be legally recognized in Vietnam. This step is mandatory if you wish to file for divorce in Vietnam later.
2. Divorce in Vietnam After Getting Married in Australia – Is It Allowed?
2.1. Can You Get Divorced in Vietnam? Conditions and Jurisdiction
Article 127 of the 2014 Law on Marriage and Family provides that if one spouse is a Vietnamese citizen residing in Vietnam, a divorce involving foreign elements may be handled by a Vietnamese court.
Article 469 of the 2015 Civil Procedure Code also allows Vietnamese courts to have jurisdiction if one party is a Vietnamese citizen living long-term in Vietnam.
In summary:
You can get divorced in Vietnam if you registered your marriage in Australia but are a Vietnamese citizen residing in Vietnam.
The prerequisite is to complete the marriage annotation process so the marital relationship is legally recognized in Vietnam.
2.2. Marriage Annotation Procedure – Before Filing for Divorce
According to Article 35 of Decree 123/2015 (updated by Decree 120/2025), a marriage annotation dossier includes:
Completed declaration form;
A copy of the marriage certificate issued in Australia (translated into Vietnamese and notarized/legalized);
If divorced abroad, an extract of the divorce record according to Article 37.
Competent authority: Commune-level People’s Committee where the Vietnamese citizen resides (updated from July 1, 2025, per Decree 120).
Processing time: According to regulations, the marriage annotation is usually completed within 5–10 working days. Once approved, the Justice Department records it in the Civil Status Book and the People’s Committee issues the official extract.
After receiving the marriage annotation extract, you may proceed with the divorce petition in Vietnam.
3. FAQ – Frequently Asked Questions
3.1. I got married in Australia but haven’t registered the marriage in Vietnam. Can I file for divorce in Vietnam?
No. Without marriage annotation, Vietnam does not recognize the spousal relationship, so you cannot file for divorce in Vietnam.
3.2. I got married and divorced in Australia and have now returned to Vietnam – do I still need to register the marriage?
Yes. Even if divorced in Australia, you still need to register the marriage and annotate the divorce (civil status extract per Article 37) before proceeding with a new marriage or obtaining a certificate of single status in Vietnam.
3.3. Will a divorce in Vietnam affect assets located abroad?
Under Vietnamese law, courts will resolve assets located in Vietnam based on Vietnamese law. Assets abroad will be governed by the laws of the jurisdiction where the assets are located. Be sure to provide supporting documentation if you want a comprehensive resolution.
3.4. I’m in Australia and want to get divorced but can’t return to Vietnam – can I authorize someone?
Yes, you can authorize a relative in Vietnam to carry out the marriage annotation and divorce process if the authorization meets requirements under Vietnamese civil status and procedural laws. Domestic lawyers can help manage the process without requiring your physical presence in Vietnam.
Conclusion
Registering marriage in Australia is fully legal under the Marriage Act 1961 and is typically recognized in Vietnam if it complies with international and local regulations.
To have the marriage recognized in Vietnam, a Vietnamese citizen who married in Australia must complete the marriage annotation procedure at the local commune-level People’s Committee.
After completing the marriage annotation (and divorce annotation if applicable), you may file for divorce in a Vietnamese court depending on residency and nationality.
Required documents include a consularly legalized marriage/divorce certificate, notarized translations, declaration forms, identity documents, and civil status extracts if applicable.
Contact DEDICA Law Firm for expert legal consultation!
📞 Hotline: (+84) 39 969 0012 (Available on WhatsApp, WeChat, and Zalo)
🏢 Head Office: 144 Vo Van Tan Street, Xuan Hoa Ward, Ho Chi Minh City (144 Vo Van Tan Street, Vo Thi Sau Ward, District 3, Ho Chi Minh City)
🕒 Business Hours: Monday – Friday (8:30 AM – 6:00 PM)
Reach out today for a free initial consultation with our team of professional lawyers!
