Vietnamese Wife Wants to Divorce Singaporean Husband: What Is the Procedure in Vietnam?
Are you a Vietnamese wife currently living in Vietnam and seeking to divorce your Singaporean husband who is residing abroad? The legal process can be complex due to the involvement of international elements. This article provides a detailed, clear explanation based on current Vietnamese law.
1. Vietnamese Wife Divorcing Singaporean Husband – Which Court in Vietnam Has Jurisdiction?
Question:
Which court in Vietnam has the authority to handle a divorce when the husband resides in Singapore?
Answer:
According to the Law on Marriage and Family 2014 and the Civil Procedure Code 2015, when one party is a Vietnamese citizen residing in Vietnam, the People's Court of the province (or centrally governed city) where the wife resides has jurisdiction to handle divorces involving foreign elements.
If both spouses agree to divorce (mutual consent), the wife can file a petition with the provincial court in her area of residence.
In a unilateral divorce (where the wife wants to divorce but the husband does not cooperate), the petition is still filed at the provincial court where the wife resides, based on Articles 123 and 127 of the Law on Marriage and Family.
2. If the Singaporean Husband Does Not Respond – What Should Be Done in Vietnam?
Question:
Can the wife still get a divorce if the husband is living abroad and not cooperating?
Answer:
Yes, she can. Below is the procedure successfully implemented in practice:
Jurisdiction Basis: Since the wife is a Vietnamese citizen residing in Vietnam, the Vietnamese court still has jurisdiction even if the husband lives abroad.
Sending Summons Abroad:
According to the regulations, summons and documents must be sent to the husband via the Ministry of Justice or through authorized channels to ensure international legal compliance. DEDICA has successfully sent documents up to three times, satisfying the legal and good-faith requirements.Request for Trial in Absence:
If the husband remains silent, the wife can request the Court to proceed with an “absence trial” under Article 228 of the Civil Procedure Code. Once the required documents are submitted, the Court can conduct proceedings without the husband's presence.Grounds for Divorce:
The wife must prove that the marriage no longer meets its purpose (e.g., emotional separation, lack of cohabitation, no cooperation), based on Clause 1, Article 56 of the Law on Marriage and Family 2014 for the Court to grant the divorce.
3. Required Documents for International Divorce in Vietnam
Question:
What documents does the wife need to prepare to file for divorce in Vietnam?
Answer:
Below is the list of mandatory documents for a divorce involving foreign elements (Singaporean husband) in Vietnam:
Divorce petition (mutual consent or unilateral) in Vietnamese.
Marriage certificate: original and notarized Vietnamese translation if the original is in a foreign language (e.g., English).
Wife’s ID or passport.
Proof of the husband’s address in Singapore (address, email, lease agreement, etc.) for serving summons.
Children’s birth certificates, if any.
Household registration book or temporary residence card, visa/residence permit in Vietnam.
Documents related to joint assets or debts, if any dispute arises.
Evidence of grounds for divorce: messages, emails, proof of non-cooperation or separation.
If applicable, a power of attorney if the wife cannot appear in court.
Additionally, documents must be translated into Vietnamese, notarized/certified, and follow international legalization standards, including Singapore’s procedures if required to register the Vietnamese divorce judgment there.
4. Timeline, Costs, and Completion of Divorce Judgment
Question:
How long does it take and what are the costs to process a divorce when the Singaporean husband is uncooperative?
Answer:
Mutual Consent Divorce: Usually takes around 3–4 months from the date the court accepts the petition.
Unilateral Divorce: Typically takes 4–6 months or longer, depending on how long it takes to serve documents abroad and complete the absence trial.
Court Fees: Around VND 300,000 for a basic divorce petition. Additional fees may apply if property division is involved, based on asset value.
5. Will a Divorce Judgment in Vietnam Be Recognized in Singapore?
Question:
Will the divorce decree issued in Vietnam be recognized in Singapore so the wife can move forward legally?
Answer:
Singapore follows the 1970 Hague Convention on the Recognition of Divorces and Legal Separations. Although Vietnam is not a signatory, Singapore may still recognize foreign divorce judgments if they do not conflict with Singaporean public policy or justice.
Moreover, under Singapore's Women’s Charter, once a foreign divorce is accepted, either spouse may apply for ancillary relief (e.g., property division) if residency or nationality conditions are met, and if Singapore has jurisdiction at the time of the application.
However, Singapore generally requires:
At least 3 years of residence in Singapore, or
The applicant to be a Singaporean citizen for the Singapore court to handle the original divorce.
In cases where the divorce has already been finalized in Vietnam, the wife may still request Singapore to handle financial matters if allowed under Singaporean law and if jurisdictional conditions are met.
Conclusion
If you are a Vietnamese wife currently living in Vietnam and your Singaporean husband is uncooperative, you can still proceed with a lawful and effective divorce in Vietnam. With complete and well-prepared documentation, and if necessary, through an absence trial, the Vietnamese court can issue a valid divorce judgment under Vietnamese law.
Once the divorce decision is issued in Vietnam, it is advisable to verify its recognition in Singapore—especially if you need to deal with shared assets there or want to ensure comprehensive legal closure.
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