Uncontested Divorce with a Foreigner: Key Litigation Steps to Know

Jun 13

1. Legal Grounds and Jurisdiction

According to Articles 51 and 56 of the 2014 Law on Marriage and Family, either the husband or wife has the right to unilaterally file for divorce if reconciliation fails and there are valid grounds for marital breakdown (e.g., violence, infidelity, serious violations of spousal obligations).

Divorce cases involving foreign elements fall under the jurisdiction of the provincial-level People’s Court where the respondent resides, or where the petitioner resides (if the respondent does not live in Vietnam).

2. Required Documentation

A unilateral divorce petition using the form specified in Resolution 01/2017/NQ‑HĐTP.
Original marriage certificate; if the marriage was registered abroad, it must be recorded in Vietnam.
Certified copies of ID cards/passports of both parties.
Children’s birth certificates (if applicable).
Evidence supporting the grounds for divorce: violence, infidelity, serious breaches.
Documents proving jointly owned property or debt (if any).
Residence documents, passport, and proof of the respondent's departure from Vietnam.
Any foreign-issued documents must be consular legalized and officially translated into Vietnamese.

3. Litigation Procedure for Unilateral Divorce Involving a Foreigner

Step 1: Submit the petition

File the case at the provincial-level People’s Court with jurisdiction. Documents may be submitted in person, by post, or electronically if available.

Step 2: Court review and acceptance

Within 3 days, the judge will review the formality of the petition. A decision to accept or request additional documents will be made within 7–15 days.

Step 3: Pay the advance court fee

The preliminary court fee is typically 300,000 VND; to be paid in advance by the petitioner upon the Court’s notice.

Step 4: Trial preparation (4 months, extendable by 2 months)

This phase includes:

Verifying addresses and legal standing;
Gathering and assessing evidence (by judicial commission if one party resides abroad);
Organizing mediation (if applicable).

Step 5: Trial hearing

The Court will conduct a first-instance hearing, which may proceed with or without the respondent’s presence, and issue a judgment.

Appeal deadlines:

15 days if the party is in Vietnam;
1 month if abroad;
12 months if the respondent was absent at trial.

4. Estimated Processing Time

Preparing and processing the application: around 4 months;
If complex (e.g., incomplete foreign documentation, asset or child disputes), an additional 2 months may be required.
Total time from filing to first-instance judgment: 4–6 months, or 7–8 months if extended or appealed.

5. Practical Notes and Support Recommendations

Clear jurisdiction: Provincial-level courts handle foreign-related divorce cases.
Mandatory consular legalization of foreign documents (unless exempt under treaties).
Legal representation from the beginning: A lawyer can help prepare complete files, manage international evidence, and represent you if you cannot attend court—saving time and protecting your rights.

Transparent Fees and Charges:

Filing and provisional court fee: 300,000 VND;
If asset disputes exist, court fees depend on the value of the assets under current law.

Contact DEDICA Law Firm today for expert legal advice!

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