Divorce with a foreign national is a complex legal matter due to the involvement of cross-border elements. Differences in language, culture, and residence can make the process challenging. In this article, ADVN Law provides detailed information on divorce procedures involving foreign nationals in Vietnam, based on the latest legal regulations in 2024, to help you navigate the process efficiently and save time.
According to Clause 14, Article 3 of the Law on Marriage and Family 2014:
"Divorce is the termination of the marital relationship as recognized by a legally effective court judgment or decision."
Thus, divorce with a foreign national refers to the legal termination of a marital relationship between a Vietnamese citizen and a foreign national, as recognized by the competent authorities through a legally binding court ruling or decision.
The divorce procedure with foreign nationals is governed by key legal documents, including:
• Law on Marriage and Family 2014
• Civil Procedure Code 2015
• Law on Entry, Exit, Transit, and Residence of Foreign Nationals in Vietnam (amended and supplemented in 2019)
Under Article 51 of the Law on Marriage and Family 2014, either spouse or both spouses have the right to request a divorce. Some special cases include:
• The husband cannot request a divorce if the wife is pregnant, has given birth, or is raising a child under 12 months of age (Clause 3, Article 51 of the Law on Marriage and Family).
• A unilateral divorce can proceed when one spouse does not agree to terminate the marriage.
4.1. Mutual Consent Divorce
A mutual consent divorce is recognized when the following conditions are met:
• Both spouses voluntarily sign the joint petition for divorce.
• Both parties reach an agreement on property division, child custody, and alimony.
• The agreement ensures the legitimate interests of the wife and children.
If the above conditions are not met, the case will be processed as a unilateral divorce.
4.2. Unilateral Divorce
The court may approve a unilateral divorce if:
• One spouse has committed domestic violence or seriously violated marital obligations, making the marital life unbearable.
• One spouse has been declared missing by the court.
• There is sufficient evidence of domestic violence causing significant harm to the physical or mental well-being of the other spouse.
5.1. Jurisdiction by Court Level
• Provincial People's Court: Handles cases involving foreign elements or assets located abroad.
• District People's Court: Handles cases involving divorces between Vietnamese citizens and foreign nationals residing in border areas.
5.2. Jurisdiction by Location
• Mutual consent divorce: The court where either spouse resides or works has jurisdiction.
• Unilateral divorce: The court where the respondent resides or works has jurisdiction. If the respondent has no fixed place of residence, the petitioner may submit the case to the court in their place of residence or work.
1. Petition for mutual consent divorce or unilateral divorce petition (in the prescribed form).
2. Original marriage certificate.
3. Copies of ID/CCCD or passports of both spouses.
4. Residency certificate or temporary residence card (for foreign nationals).
5. Copies of birth certificates of any children.
6. Documents proving ownership of common assets (if any).
7. Documents proving joint debts or financial obligations (if any).
8. Evidence supporting agreements on child custody and property division (if applicable).
Note: Documents issued by foreign authorities must be legalized and translated into Vietnamese unless exempted by international agreements or reciprocity principles.
7.1. Mutual Consent Divorce
• Step 1: Submit the petition to the competent court.
• Step 2: Receive the acceptance notice and pay court fees.
• Step 3: Attend the mediation session at the court.
• Step 4: Receive the court's decision recognizing the mutual consent divorce.
7.2. Unilateral Divorce
• Step 1: Prepare and file the divorce petition.
• Step 2: Pay the advance court fees and receive the acceptance notice.
• Step 3: Attend evidence submission and mediation sessions.
• Step 4: The court holds a trial and issues a first-instance judgment.
• Mutual consent divorce: 1 month from the date of case acceptance.
• Unilateral divorce: 4 to 6 months, extendable by up to 2 months for complex cases.
A.D.V.N LAW OFFICE
- Address: F2&F3, No. 2 Phung Khac Khoan, Da Kao Ward, District 1, Ho Chi Minh City
- Phone: 0903.693.301 – 0909.393.329
- Email: vanphongluatsuadvn@gmail.com; advnlaw@gmail.com
We are always ready to accompany you to resolve all legal issues quickly and effectively.
