Is it necessary to have a lawyer represent you in a divorce case involving foreign elements in Vietnam?
1. What is a divorce involving foreign elements?
According to Article 127 of the Law on Marriage and Family 2014, a divorce involving foreign elements includes the following cases:
One party is a Vietnamese citizen, and the other is a foreign national;
Both parties are foreign nationals but reside in Vietnam;
One or both spouses do not reside in Vietnam but were married under foreign law or have assets related to foreign elements.
Jurisdiction under the Civil Procedure Code 2015:
Provincial People's Courts handle most of these cases;
In cases involving border residence between Vietnam and a neighboring country, jurisdiction may fall under the district-level court.
2. International divorce procedures
Documents and procedures:
You must prepare a complete file including: divorce petition (mutual or unilateral), power of attorney if one party cannot return to Vietnam, passport/ID card, marriage certificate, birth certificate of children (if any), documents on disputed assets. Foreign documents must be translated, notarized, and legalized at the Vietnamese embassy or consulate if necessary.
The petition must be submitted to the provincial court where one party resides, works, or last resided before leaving Vietnam (in unilateral cases).
The court will accept the case, request payment of court fees, conduct mediation sessions, and proceed with trial. In cases where a party is abroad or cannot be summoned, judicial entrustment procedures may be required, which can take 12 to 24 months.
Processing time:
Mutual divorce: around 4–6 months from the date of acceptance.
Unilateral divorce: usually 6–12 months; if judicial entrustment is involved, it can take 12–24 months.
3. Why should you have a lawyer represent you?
✔ Minimize risks due to complex procedures
Divorces involving foreign elements require legalization, translation, authorization documents, summons delivery, etc., which can easily cause delays or errors. An experienced lawyer helps ensure all documents are compliant with the law, avoiding unnecessary revisions or jurisdictional errors.
✔ Authorized representative for filing and litigation
If one spouse is abroad or unable to return to Vietnam, a lawyer can be lawfully authorized to file documents, pay court fees, receive court notices, attend hearings, and represent the client in court—without requiring the client to return to Vietnam.
✔ Support with property division and child custody
Especially when foreign assets are involved (e.g., real estate abroad), the lawyer ensures proper classification according to the applicable foreign laws (e.g., property in the UK is handled under UK law), while property in Vietnam is divided under Vietnamese law.
Regarding child custody, when one party resides abroad, the lawyer can advise clearly on living conditions, care time, and assist in negotiating caregiving or child support arrangements.
✔ Efficient process and appeal support if needed
Lawyers closely follow the legal process, flagging important steps such as appeal deadlines, and assisting with appeals when necessary. This is particularly crucial in cross-border divorces or when one party is absent, where procedural mistakes could lead to loss of appeal rights.
4. When should you hire a lawyer – and when is it not necessary?
You should hire a lawyer when:
There are foreign elements involved (residency, assets, work, marriage abroad);
There are complex asset disputes or children under 18 requiring clear custody decisions;
One or both parties cannot return to Vietnam; legalization and judicial entrustment are required.
You may not need a lawyer when:
Both spouses mutually agree to divorce, live in Vietnam, have simple, undisputed property, and both are willing to sign the mutual divorce petition.
However, even in mutual divorces, having a lawyer helps reduce legal risks and expedites the process more professionally.
5. Summary of the benefits of having legal representation
Accurate document preparation: Avoids mistakes, requests for revisions, or delays
Valid authorized representation: No need for the foreign party to return to Vietnam
Support in asset division and custody: In accordance with Vietnamese and international laws
Progress tracking and appeals: Ensures timely action, avoids forfeiture of rights due to procedural errors
Conclusion
In short, while Vietnamese law does not mandate having a lawyer for a divorce involving foreign elements, legal representation is highly beneficial. It protects your lawful rights, saves time, and reduces risks from complex international legal procedures, especially when disputes over assets or children are involved.
Are you currently facing a divorce involving foreign elements and unsure how to proceed? DEDICA Law Firm, with an experienced team of lawyers specializing in international divorce cases, is ready to assist you:
Advice on legalization and document translation
Drafting complete and legally compliant petitions
Authorized representation for court proceedings
Support in dividing Vietnamese and foreign assets, and securing child custody
Monitoring progress and supporting appeals if needed
Contact DEDICA Law Firm for expert legal consultation!
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