Getting Married in China, Divorcing in Vietnam – Is It Possible?

You and your spouse were married in China but are now living in or wish to finalize a divorce in Vietnam? This is a common concern for many couples in the context of increasing international relationships. This article is divided into two key parts: legal analysis and real-life experience shared by law firms, helping you proceed with your divorce in Vietnam smoothly and efficiently.

1. Legal Grounds – When Does Vietnam Have Jurisdiction?

1.1. Divorce with foreign elements

According to Article 3 of the 2014 Law on Marriage and Family, a "divorce with foreign elements" occurs when at least one party is a foreign citizen or a Vietnamese residing overseas – for instance, a Chinese spouse.

1.2. Determining the jurisdiction of Vietnamese courts

Under Article 469 of the 2015 Civil Procedure Code (amended), Vietnamese courts have jurisdiction when:

  • The respondent (spouse) is Chinese and resides or works in Vietnam.

  • There is a dispute over property located in Vietnam.
    In most cases, the case will fall under the jurisdiction of a Provincial People's Court unless in special border-area circumstances.

1.3. Marriage registration in Vietnam

If you only got married in China but have not recorded it in the Vietnamese civil status registry, the court will not accept your case. According to Decree 123/2015/ND-CP, you must:

  • Submit the Chinese marriage certificate that has been legalized and translated.

  • Apply for marriage registration (recording) at the district-level People’s Committee within 5–10 working days.

2. Mutual or Unilateral Divorce – Procedure & Documentation

2.1. Mutual divorce – when both agree

If both parties agree on property division and child custody:

  • The file includes: Request for recognition of mutual divorce, marriage certificate (legalized and translated), ID/passport, household registration book, child’s birth certificate, and property documents.

  • Submit to the competent Provincial Court.

  • A trial in absentia may be requested if one spouse is in China, once the court has accepted the case and properly served the notice.

2.2. Unilateral divorce – when only one party requests

If reconciliation fails:

  • You must provide substantial evidence such as domestic violence or severely broken marital relations, based on Article 56 of the Marriage Law.

  • File includes: Unilateral divorce petition, marriage certificate (recorded in Vietnam), residence documents of both parties, verified address of the Chinese spouse for judicial service, passports, child’s birth certificate, and joint property documents.

3. Processing Time & Summons – Challenges and Solutions

3.1. Handling judicial entrustment

Since the Chinese spouse is abroad, the court must use judicial entrustment via diplomatic channels, which prolongs the processing time.

Solutions:

  • Provide an accurate address for the Chinese spouse or request verification by a professional agency or the Embassy.

  • Either a lawyer or the consenting party can submit a request for trial in absentia from the outset.

3.2. Legal processing timeline

  • Mutual divorce: reconciliation hearing opens within 6–8 months from case acceptance.

  • Unilateral divorce: the trial must be held within 9–12 months from the last valid notification.

4. Practical Tips from Dedica Law Firm – Reducing Processing Time

According to Dedica Law Firm:

  • Document readiness: Legalize and translate all documents, record your marriage in Vietnam, and collect proof of cohabitation – especially if one spouse is in China.

  • Verify the correct address in China through the Embassy to avoid case rejection due to failed service.

  • Request a trial in absentia right away – especially in mutual divorce or with legitimate grounds.

  • Lawyer representation: a lawyer can submit your documents, follow up, pay court fees, and represent you, saving time and effort.

  • Clearly prepare child custody and property arrangements to assist in reconciliation or court presentation.

5. Recommendations to Optimize the Process

  • Record your marriage in Vietnam before filing for divorce to ensure your documents are accepted quickly.

  • Prioritize mutual divorce if possible, as it’s processed faster than unilateral divorce.

  • Carefully prepare all documents: legalize and translate the marriage certificate, passports, proof of assets, and children.

  • Verify the Chinese spouse’s address accurately to assist in successful notification and trial in absentia.

  • A full legal service package will ensure your file is complete, reducing the risk of delay or rejection.

Conclusion

In short: If your marriage was registered in China, you can still file for divorce in Vietnam – provided that the marriage is properly recorded and all documents and addresses are verified. The court’s handling time ranges from 6 to 12 months depending on the case, but this can be significantly reduced with thorough preparation and legal support.

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!

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