In today’s era of globalization, marriages between Vietnamese citizens and foreigners are increasingly common. Alongside this trend, the question “How long does a divorce take?” in cross-border cases is becoming a pressing issue. This article provides a comprehensive overview based on real-life experiences and expert legal advice from Dedica Law Firm.

Interwoven Marriages – Why Divorce Procedures Take Longer

According to the 2014 Law on Marriage and Family and the 2015 Civil Procedure Code:

Mutual Consent Divorce: The process from filing to court decision can take 4–6 months.
Unilateral Divorce: Typically takes 6–12 months at first instance; if one party is absent or if disputes over property or child custody exist, the process can extend to 12–24 months, especially if international judicial assistance is required.

Factors Contributing to Delays

Judicial delegation when one party is abroad (can take 12–24 months).
Time zone differences and consular procedures, such as document authentication and legalization abroad.
Disputes over property or custody, especially if assets are located in multiple countries.
Absence of a party, requiring the court to verify absence and accept valid proof.

Case Study:

Situation: Mr. C (Vietnamese) married Ms. H (Dutch). They lived in the Netherlands for five years before moving back to Vietnam. A year ago, Ms. H returned to Europe and did not come back. Mr. C wants a mutual consent divorce without any property disputes. They have a three-year-old child.

Procedure:

Mr. C filed a mutual consent divorce application at the provincial court where he resides.
The court accepted the case, reviewed documents within 7–15 days, and requested consular legalization of the marriage certificate, adding one more month.
Due to Ms. H’s residence in the Netherlands, the court skipped reconciliation and conducted an online hearing or trial in her absence.
A mutual divorce decision was issued approximately four months after filing.

Outcome: Mr. C received the divorce decision after about 4–5 months. If appealed, the process could take an additional month.

Detailed Guidance on Procedures and Timelines

Mutual Consent Divorce with Foreign Elements

Required documents:

Application for recognition of mutual divorce
Marriage certificate (authenticated/legalized if issued abroad)
ID/passport, household registration/residence card, child’s birth certificate (if any)

Steps:

Submit to the provincial People’s Court where either spouse resides.
The court checks the dossier within 7–15 days and notifies of any required supplements and court fees (~300,000 VND if no property dispute).
If complete, the court accepts the case and proceeds.
Estimated duration: 4–6 months from acceptance.

Unilateral Divorce with Foreign Elements

Additional requirements:

Divorce petition
Proof of the other party’s absence or property verification (if needed)

Steps:

Submit to the provincial People’s Court (same as mutual divorce).
The court processes similarly.
If a party is absent or disputes exist, the first-instance trial can last 6–12 months, possibly up to 24 months with judicial assistance.

Dedica Law Firm’s Expert Advice

Thorough preparation and proper legalization of documents
For foreign documents (marriage certificate, passport), promptly perform consular legalization and register with the Department of Justice. Verify the foreign spouse’s address and obtain confirmation emails if they are abroad.
Authorize a lawyer
If one party cannot attend proceedings in Vietnam, Dedica can represent clients in filing, fee payment, reconciliation, and court hearings.
Request waiver of court mediation
If both parties agree, ask to skip court-based reconciliation to save time.
Clarify property disputes
Assets abroad should be evaluated and divided according to local laws. Dedica provides in-depth legal assessment to minimize risks.
Plan your timeline
- Mutual divorce: 4–6 months (can be shortened to 3–4 months with full documentation and court efficiency)
- Unilateral divorce: 6–12 months or more with international absences

Taking the initiative to prepare properly and choose the right timing is key to avoiding delays.

Conclusion and Creative Solutions from Dedica

The duration of a divorce depends on: type (mutual or unilateral), absence of parties, complexity of property, and international elements.

Mutual consent cases with complete, properly prepared documents and reasonable absence of a party may conclude within 3–6 months.
Unilateral cases may last 12–24 months, especially when judicial delegation is required.

Dedica’s recommendations:

Prepare foreign-related documents early and accurately.
Use representative legal services for absentee proceedings.
Clearly state terms for property division and custody to avoid repeat trials.
Stay in close communication with the court and lawyers to address requests promptly.

Support from Dedica Law Firm

Dedica Law Firm is a team of seasoned litigators with deep expertise in cases involving foreign elements. We have helped clients successfully resolve divorces between Vietnam and countries like Canada, Australia, the US, China, and South Korea – delivering fast, precise outcomes.

Our key services:

Drafting and legalizing divorce documents abroad
Full court representation including mediation and trials
Consulting and devising asset division and custody plans compliant with relevant laws

Let Dedica help you complete your divorce process with minimal costs, a short timeline, and without the burden of complex procedures.

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, 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!

How Long Does It Take to Process a Divorce in Vietnam Involving Foreign Elements?