When Should You Choose to Divorce in Vietnam Instead of Abroad?
Are you unsure whether to proceed with your divorce in Vietnam or in the country where you were married or currently reside? Below is a clear, updated, and easy-to-understand guide to help you make the best decision.
1. Divorce Involving Foreign Elements – Definition and Jurisdiction
A divorce involving foreign elements refers to cases where at least one party is a foreign national, or both spouses reside abroad, or the property is located overseas, or the marriage was registered under foreign law but the couple wishes to dissolve it in Vietnam.
According to Article 127 of the Law on Marriage and Family 2014 and the Civil Procedure Code 2015, divorces with foreign elements fall under the jurisdiction of the provincial-level People’s Courts in Vietnam (except for special cases involving border residency, which may fall under district courts).
The average time to process a mutual consent divorce involving foreign elements in Vietnam is about 4–6 months from the date the court accepts the case; in uncontested cases, it may only take 3–4 months.
2. When Should You Choose to Divorce in Vietnam?
2.1. One Spouse Is a Vietnamese Citizen Residing in Vietnam
If one party is a Vietnamese citizen currently living and working in Vietnam, the divorce can be processed in Vietnam—even if the other spouse is a foreigner or resides abroad.
2.2. Shared Property or Children Are Located in Vietnam
When shared property or children are in Vietnam, divorcing in Vietnam offers a clear advantage since the Vietnamese court has the authority to directly resolve issues regarding custody and asset division.
2.3. Clear, Low-Cost Procedures in Vietnamese
Divorcing in Vietnam allows the use of Vietnamese language, with simplified procedures and clear, low-cost fees (approximately 300,000 VND for uncontested divorce without property disputes). Translation, notarization, and legal delegation costs (if required) are typically much lower than abroad.
2.4. Quick and Transparent Recognition Process
Vietnamese laws—based on the most recent Civil Procedure Code and the Law on Marriage and Family—provide a well-established legal framework for recognizing divorce decisions, asset division, and child custody.
3. When Should You Consider Divorcing Abroad?
3.1. Both Spouses No Longer Reside in Vietnam
If both spouses are living permanently in another country (e.g., the U.S.) and the Vietnamese spouse no longer resides in Vietnam, then it may be more practical to divorce in the country of current residence, according to local laws.
3.2. Large Assets Located Abroad Requiring Local Legal Resolution
When significant assets are located overseas (real estate, businesses, bank accounts...), divorcing in that jurisdiction may help avoid complex cross-border legal issues and ensure easier enforcement of court rulings.
3.3. Desire for Automatic Recognition of Court Ruling in That Country
Some countries that are parties to the Hague Convention on the Recognition of Divorces automatically recognize divorce judgments from fellow member states. If you want your divorce to be easily acknowledged in your current country of residence, divorcing abroad might be the better choice.
4. Real-World Example
Scenario: The wife is a Vietnamese citizen living in Ho Chi Minh City. The husband is an American residing in the U.S. Both agree to a mutual consent divorce, having already discussed property division and child custody.
Solution: The law firm recommends processing the divorce in Vietnam, as the wife resides in Vietnam, which facilitates communication and reduces the time required (~3–4 months if uncontested). Costs are also significantly lower than in the U.S. Both parties prepare the required documents according to Article 127 of the Law on Marriage and Family, ensuring an efficient legal process.
5. Conclusion
If you—or at least one party—are residing in Vietnam, or if your children/assets are in Vietnam, or if you want a quick, simple, and low-cost procedure, then divorcing in Vietnam is a smart and practical choice.
On the other hand, if both spouses live abroad long-term, have significant assets overseas, or find that foreign laws are more favorable, then divorcing abroad should be considered. However, remember that if property or child custody issues need to be enforced in Vietnam, the foreign court's judgment may need to be formally recognized.
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