Divorce is already a stressful process, but when a foreign element is involved, the procedures, paperwork, and Vietnamese law become significantly more complex. Real court cases show that without a clear understanding of the regulations, Vietnamese individuals can easily lose their legal rights, face prolonged proceedings, or be forced to travel multiple times. This article summarizes the latest insights from reputable law firms to help you prepare thoroughly when divorcing a foreign husband in Vietnam.

1. Identifying a “Divorce Involving Foreign Elements” According to the Law

Under Article 127 of the 2014 Law on Marriage and Family in Vietnam:

Divorce between a Vietnamese citizen and a foreigner;
Divorce between two foreigners residing in Vietnam;
Divorce where the marriage was registered under foreign law or involves property located abroad.

Lesson from a real case: In case No. 17/2018/HNGĐ-ST in Kien Giang, the Court ruled that it was a divorce involving foreign elements and required the application of specific legal procedures.

2. Jurisdiction of Provincial Courts – Absolutely Avoid Filing in the Wrong Court

Both uncontested and contested divorces involving foreign elements fall under the jurisdiction of the People’s Court at the provincial level where one of the parties resides in Vietnam. Filing with a district-level court may result in the case being transferred, thereby prolonging the process.

3. Preparing Legalized and Notarized Documents – Avoid Mistakes

Required documents include:

Marriage certificate (if issued abroad, it must be legalized and registered with the Department of Justice in Vietnam);
Proof of the foreign husband's residence status (visa, residence card);
Notarized translations—especially of the signature and divorce petition signed in absentia by the husband;
Power of attorney if the husband cannot attend court in person.

Lesson from case No. 17/2018: "An interpreter must participate in the proceedings; if the defendant is absent, all foreign-language documents must be properly legalized and certified."

4. Divorce in Absentia – Judicial Entrustment Procedures

When the husband is abroad and cannot return to Vietnam, the following must be done:

Submit a request for divorce in absentia with a certified document from the Vietnamese Embassy/Consulate in the country of residence;
Carry out judicial entrustment to deliver court documents through diplomatic agencies or foreign courts, as per Circular No. 12/2016.

Note: If the foreign party’s address is unknown or the translation is not properly certified, the court may reject or suspend the case.

5. Divorce Timeline – Often Lengthy, Must Be Monitored Closely

Uncontested divorce: takes around 1–4 months if there are no disputes over property or children.
Contested divorce: typically takes 4–6 months (first-instance trial); with absentee parties or foreign property, it can take an additional 2–4 months.

According to firms like An Tam Law, the total duration can extend to 6–8 months (uncontested) or 12–18 months (contested with absentee spouse).

6. Property & Child Custody – Early and Clear Agreements Are Crucial

Property, especially real estate located abroad, is divided according to the law of the country where it is located;
Vietnamese law generally applies a 50/50 division, but it may be adjusted based on the contributions, conditions, or fault of each party;
Child custody requires an agreement regarding child support and the child’s place of residence. Without an agreement, the court will decide based on Vietnamese law.

In case No. 17/2018, custody was awarded to the Vietnamese wife due to a clear agreement, and the father did not provide support.

7. Recognition of Foreign Divorce Judgments – Mandatory if Divorce Took Place Abroad

If the divorce took place abroad but needs to be recognized in Vietnam:

Submit an application to the Ministry of Justice or local Department of Justice/Civil Affairs to recognize the foreign court judgment;
Registration in the household registry may be requested if no enforcement is needed, but legal status must still be confirmed.

8. Following Legal Protocol: Mediation, Interpretation, Court Fees

Mediation: Not mandatory under the 2021 Mediation Law, but in practice, courts often still require it. If successful, the divorce is finalized more quickly;
Interpreter: Mandatory for cases involving foreign elements. If documents are missing, there must be written confirmation of the translation and signature validity;
Court fees: Uncontested divorce is about 300,000 VND; contested cases vary depending on the value of the disputed property (can exceed 100 million VND if the property is substantial).

9. Lessons from Real Cases

Standardizing foreign-language documents and signatures: The case in Kien Giang shows that if documents or signatures are not properly certified, the court may suspend the trial;
Clearly divide property, especially foreign-based assets, to avoid lengthy disputes;
Agreeing on custody arrangements early can help expedite the proceedings. Courts tend to favor the party who provides a more stable and supportive environment for the child, often the Vietnamese wife.

10. Conclusion & Practical Advice

Divorcing a foreign husband in Vietnam is not just an emotional journey—it is a complex legal process involving consular procedures, translations, interpreters, judicial entrustment, and cross-border asset handling.

Practical tips:

Identify the correct provincial-level court in Vietnam;
Legalize marriage documents if registered abroad;
Prepare notarized bilingual documents—especially signatures and power of attorney for in-absentia cases;
Budget time and costs for court fees and judicial entrustment;
Always use interpreters and mediation if requested by the court;
Consider granting power of attorney or hiring a lawyer to save time and reduce travel.

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Important Notes When Divorcing a Foreign Husband