Vietnamese Wife Wants to Divorce Her Russian Husband – What to Do in Vietnam?
When a Vietnamese woman decides to end her marriage with a Russian husband, the divorce process involves more than just personal matters—it includes specific legal procedures in Vietnam. This article is divided into two parts: legal knowledge and step-by-step guidance based on practical situations.
1. Legal Provisions for Vietnamese Wife Divorcing a Russian Husband
1.1. Which authority handles the case in Vietnam?
According to Article 127 of the 2014 Law on Marriage and Family, divorce cases between a Vietnamese citizen and a foreigner residing in Vietnam are handled by Vietnamese competent authorities.
Specifically, under Articles 35 and 37 of the 2015 Civil Procedure Code, foreign-related divorce cases fall under the jurisdiction of the provincial-level People’s Court where the husband (defendant) resides or works in Vietnam.
If the husband’s residence is unknown, the wife may file the case at the court in her own place of residence or where shared assets are located.
1.2. Mutual consent divorce or unilateral divorce?
Mutual consent divorce: Both parties agree to divorce and settle issues such as asset division, child custody, and alimony.
Unilateral divorce: If only the wife wants the divorce and the husband disagrees or has seriously violated marital obligations (e.g., violence, neglect, misconduct), she can still petition the court under Article 51 of the 2014 Law on Marriage and Family.
1.3. Notes on marriages registered abroad
If the couple married in Russia or another country without registering in Vietnam, the wife must complete a marriage registration annotation or cancellation at the Department of Justice or the local People’s Committee before proceeding with divorce in Vietnam.
Even if the divorce is processed abroad, the wife must annotate the divorce in Vietnam to invalidate the original marriage certificate within Vietnam’s jurisdiction.
2. Specific Procedures for Vietnamese Wife Divorcing a Russian Husband
2.1. Preparing divorce documents (mutual or unilateral)
Petition for mutual consent divorce or unilateral petition (court template)
Marriage certificate (original or notarized copy)
ID/passport of both spouses (notarized copies)
Proof of residence: household registration, temporary residence card, or other legal documents
Child’s birth certificate (if applicable)
Proof of shared assets: land use right certificate, savings book, vehicle registration, etc.
If the husband lives in Russia: immigration documents, visa, specific residence address for serving court notices, and power of attorney if he cannot return to Vietnam.
2.2. Court procedures in Vietnam
File the case at the provincial-level People’s Court where the husband resides or where the wife chooses if the husband's residence is unknown.
Within 7–15 days, the court will review the file. If accepted, it will issue a notice to pay the court fee in advance. Once paid, the court officially accepts the case.
Court mediation session: Usually mandatory for mutual consent divorces unless both parties live abroad or request no mediation. If successful, the case is closed. Otherwise, it proceeds to trial.
First-instance trial:
Mutual consent: The court issues a decision within 1–4 months.
Unilateral: The court conducts hearings and issues a judgment on child custody, asset division, and alimony. The process takes 6–12 months or 12–24 months if judicial entrustment to Russia is required.
2.3. Asset division and child custody in international divorces
The court applies Vietnamese law (2014 Law on Marriage and Family) to divide assets located in Vietnam. For properties in Russia, the governing law is Russian law or international treaties if available—priority goes to the law of the asset’s location.
For child custody, Article 81 of the 2014 Law on Marriage and Family specifies the rights and responsibilities of parents in foreign-related divorces.
3. Practical Tips for Vietnamese Wife Divorcing Russian Husband
3.1. Collect evidence thoroughly
Always retain all relevant documents: marriage contracts (annotated or legalized), residence permits, passports, emails, and receipts for shared assets—these are critical for asset division and custody decisions.
3.2. Don’t skip marriage annotation in Vietnam
If the marriage was registered abroad but not in Vietnam, it must still be annotated in Vietnam—before or after divorce—to ensure its legal recognition domestically.
3.3. Opt for mutual consent if possible
If the Russian husband agrees, both parties should choose a mutual consent divorce. It's faster, smoother, and less costly than a unilateral divorce involving international notifications or judicial entrustment.
3.4. Consider legal representation
In complex cases involving overseas assets or uncooperative spouses, hiring a Vietnamese lawyer can help manage paperwork, court representation, and timely case processing.
4. Estimated Time, Costs & Special Notes
Mutual consent divorce: ~4–6 months from court acceptance if no international notifications are needed.
Unilateral divorce: ~6–12 months if the husband is in Vietnam; 12–24 months if judicial entrustment to Russia is necessary.
Advance court fees: Determined by the court after case acceptance. The actual cost is finalized during the trial phase.
Other costs: Translation, legalization of foreign documents, lawyer fees, and asset valuation if applicable.
Conclusion
If you're a Vietnamese wife considering divorce from your Russian husband in Vietnam, be sure to:
Determine the competent court (usually the provincial court where the husband resides)
Choose the proper procedure: mutual consent if possible, unilateral if necessary
Prepare and legalize all required documents
Consider hiring a lawyer to handle complex or international issues
Understand timelines and costs to avoid missed deadlines or delays
Contact DEDICA Law Firm for expert legal consultation!
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