Unilateral Divorce Between a Vietnamese Citizen and a Foreigner in 2025
Are you wondering: “Is it possible to file for a unilateral divorce from a foreign spouse in Vietnam? What is the procedure? How long does it take and how much does it cost?” This article is dedicated to you – someone seeking a transparent, fast, and effective legal solution.
1. Legal Basis and Conditions for Unilateral Divorce in Vietnam
Legal Basis
According to Article 56 of the Law on Marriage and Family 2014, unilateral divorce is permitted when the marital relationship has seriously deteriorated, cohabitation is no longer possible, reconciliation has failed, or there is domestic violence or serious violations of marital obligations.
In cases involving foreign elements, the jurisdiction belongs to the People’s Court at the provincial level in Vietnam.
Specific Conditions
The relationship has seriously deteriorated (e.g., neglect, violence, cohabiting with another person, or major breaches of obligations).
If the wife is pregnant, giving birth, or nursing a child under 12 months, the husband cannot unilaterally request a divorce.
Both parties must have full civil act capacity.
Child interests must be ensured (custody, support, etc.).
2. Jurisdiction and Where to File in Vietnam
For cases with foreign elements (one party is abroad, holds a foreign nationality, owns overseas assets…), the provincial-level court in Vietnam has jurisdiction.
If the respondent is abroad and there’s no agreement on jurisdiction, you may file the petition at the provincial court where the Vietnamese spouse resides. If there's an agreement, follow the designated location.
3. Required Documents for a Unilateral Divorce Involving a Foreigner
3.1. Core Documents
Petition for unilateral divorce with foreign element (using the prescribed form).
Original or certified copy of the marriage certificate.
Notarized copies of both parties’ ID/passport.
Child’s birth certificate if there are common children.
Proof of joint property (land use certificates, vehicles, bank accounts…).
Evidence of violence, neglect, cohabitation with others, or illegitimate children (if any).
3.2. Documents Related to the Foreigner
If the foreign party is absent in Vietnam:
Authenticate and legalize all foreign documents (passport, petitions, certifications…) through the Vietnamese consulate in their country.
Provide the foreign spouse’s accurate address for court notification through judicial entrustment.
3.3. Advance Court Fees & International Costs
Divorce court fees depend on the value of disputed assets.
Other costs include judicial entrustment, notarization, translation, and legalization—required for cases with international elements.
4. Unilateral Divorce Procedure in Vietnam
Step 1: Prepare the Documents
Complete all paperwork. If a party is overseas, ensure proper authentication and legalization.
Step 2: File the Petition
Submit the file to the authorized provincial court. You may submit directly or via postal mail.
Step 3: Pay Advance Court Fee
After receiving the application, the court will issue a notice. You must pay the fee within 7 days.
Step 4: Case Acceptance & Mediation
The court will process the case within 3 working days, followed by mediation in court or as per the Law on Mediation and Dialogue at Court.
Step 5: Notification to the Absent Party
If the foreign spouse resides abroad, the court sends a notice via judicial entrustment. If untraceable, the court proceeds with public notice under Article 228 of the Civil Procedure Code.
Step 6: First-instance Trial
If mediation fails, the court holds a hearing and issues a judgment. If the absent party submits a valid absence form, the court may proceed in their absence.
Step 7: Receive the Judgment
Once the decision takes effect, you may notarize or annotate it for enforcement abroad if the foreign party has assets in Vietnam or requires recognition overseas.
5. Timeline, Difficulties, and Practical Advice in Vietnam
Processing Time
Around 6–9 months if all documents are in order and the foreign party cooperates.
May extend to 12–18 months if issues arise regarding address, authentication, or judicial entrustment.
Common Difficulties
Unknown address of the foreign party delays judicial entrustment.
Improper legalization or authentication causes file rejection.
Foreign documents may be invalid or require accurate translation.
Tips to Expedite the Process in Vietnam
Request a certified copy of the marriage certificate in Vietnam and keep records safe.
Try to find the foreign party’s address via embassies, relatives, or social media.
Use correct procedures for translation and consular legalization.
Ensure proper judicial entrustment so the court can deliver notices efficiently.
If the spouse is absent, prepare an official absence form and appoint a legal representative.
6. Property Division & Child Custody with Foreign Elements
Property Division
Under Article 59 of the Law on Marriage and Family 2014, if there’s no agreement, the court divides marital assets according to the law.
If there are assets abroad, you must present valid international legal documents.
Child Custody & Support
Custody decisions prioritize the best interests of the child (Article 81).
If a parent is abroad, the court may decide on international support, visitation rights, and other measures (e.g., online visits, travel arrangements).
7. Frequently Asked Questions (FAQ)
Q1: Can I divorce if I don’t know the foreign party’s address?
Yes, the court will proceed and publish a public notice if the address is unknown.
Q2: I’m in Vietnam, and my foreign spouse is absent. Can the case be tried in their absence?
Absolutely. As long as you submit the required absence documents, the court may proceed without the foreign spouse.
Q3: If the foreign spouse has remarried, does that benefit my case?
Yes, this is strong evidence that the marriage has irreparably broken down and can support a favorable asset division ruling.
Conclusion
Unilateral divorce between a Vietnamese citizen and a foreigner in Vietnam is completely feasible if you:
Clearly understand the legal conditions under the 2025 law;
Prepare full and correctly legalized documentation;
File at the proper provincial court;
Navigate challenges involving address, absence, and legal language;
Understand the timeline and costs to secure your and your child’s 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, Xuan Hoa Ward, Ho Chi Minh City (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!
