In today’s era of globalization, marriages between Vietnamese citizens and foreigners are becoming increasingly common. This raises a frequently asked question: Is it necessary to hire a lawyer when divorcing a foreigner in Vietnam? In reality, the legal procedures, documentation, and protection of rights in such cases differ significantly from domestic divorces. Understanding the regulations and having legal support will help ensure a clear, swift, and legally secure divorce process.

1. Legal Basis: When Is a Lawyer Needed?

According to the 2015 Civil Procedure Code and the 2014 Law on Marriage and Family, divorce involving a foreigner is considered a civil case with foreign elements. As a result, the procedure is more complicated, especially regarding consular legalization, translation of documents, and verification of the foreign party’s residency.

A lawyer specializing in “international divorce” cases will:

Determine the correct court jurisdiction based on the residence of the petitioner or respondent in Vietnam.
Guide you through consular legalization of marriage/divorce documents, such as marriage certificates or foreign court judgments.
Assist in preparing divorce petitions with no errors, avoiding repeated requests from the court for amendments or additions.

2. Benefits of Hiring a Lawyer Specialized in International Divorce

2.1. Avoiding Errors and Saving Time

According to Nhat Tin Law, self-filing often leads to procedural mistakes, extending the process (potentially over a year), and incurring additional travel and document-related costs. A lawyer ensures accurate preparation, significantly shortening the timeline.

2.2. Protecting Rights to Property and Child Custody

Lawyers help:

Identify and prove rights to joint assets (real estate or foreign-held assets).
Negotiate alimony and potentially change custody arrangements with reasonable legal grounds.

2.3. Cross-Border Legal Support

When the other party is absent or lives abroad, the lawyer can handle judicial entrustment and address verification in accordance with legal procedures.

2.4. Advising on Special Procedures

Cases such as:

Mutual consent vs. unilateral divorce;
Divorce with one party absent from court;
Divorce involving overseas Vietnamese or dual nationals;

require lawyers with in-depth legal knowledge and experience from reputable firms like Phong & Partners or Apolat Legal.

3. How Lawyers Help Handle Divorce Procedures in Vietnam

3.1. Mutual Consent Divorce with Foreign Elements

Prepare documents: petition for mutual consent divorce, ID papers, residency proof, child’s birth certificate.
File at the provincial People’s Court (based on the residence of either spouse).
Mediation at court (even if one or both are absent, court may still proceed under certain conditions).
A lawyer can handle absent party procedures, consular legalization, and foreign authorization.
The court typically issues a divorce decision within 7–8 days after document review.

3.2. Unilateral Divorce with Foreign Elements

Required documents: divorce petition, consularized papers, proof of the respondent’s residence.
If the respondent cannot be located, the court may issue public notices or declare them absent.
The lawyer can draft the petition, file on your behalf, conduct judicial entrustment if needed, and represent you in court.
Processing time is usually 4–6 months, potentially longer in complex cases.

4. Legal Service Fees and Criteria for Choosing a Lawyer

4.1. Fees

Depending on complexity, full-service legal support for international divorce cases in Ho Chi Minh City, Can Tho, or Hanoi ranges from VND 15–30 million or more.
Fees are often split into three payment phases as agreed in the contract.

4.2. Lawyer Selection Criteria

Experience with international divorce cases, expertise in consular legalization.
Reputation and transparency in fee structure and timelines.
Knowledge of both Vietnamese law and relevant foreign laws.
Ability to represent clients in provincial courts, perform judicial entrustment, and coordinate cross-border legal matters.

5. When Is It Possible Not to Hire a Lawyer?

Although the law does not require you to hire a lawyer, you can handle the process yourself if:

The case is straightforward, with mutual agreement, no children or property disputes.
You have time, understand the process, and can handle consular legalization for foreign marriage registration.

However, without experience, the risks are high—rejected documents, extended timelines, and possible impacts on custody or alimony rights.

6. Conclusion

Hiring a lawyer when divorcing a foreigner in Vietnam is not legally required, but it is highly recommended in practice. In the long run, legal assistance will save time, reduce costs, and minimize legal risks—especially when dealing with consular legalization, judicial entrustment, and the protection of children’s and property rights.

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!

Is it mandatory to hire a lawyer when divorcing a foreigner in Vietnam?