Filing for a divorce in Vietnam implies several compulsory steps. Moreover, the requirements to terminate a marriage are different in the case of foreigners and Vietnamese citizens, and our lawyers can offer the necessary support no matter a client’s country of origin. Below, our divorce lawyers in Vietnam explain the process step by step, so that you understand what marriage termination entails in this country.
| Quick Facts | |
|---|---|
| Applicable law | 2016 Law on Marriage and Family |
| Who can initiate the divorce procedure? | One or both spouses can file for divorce in Vietnam. |
| Grounds for divorce in Vietnam |
– infidelity, – abuse, – disagreements that can no longer be settled. |
| Marriage annulment availability (YES/NO) | Yes, marriage annulment is possible under certain conditions. |
| Types of divorce procedures |
– by mutual consent, – unilateral divorce |
| Availability of out-of-court proceedings (YES/NO) | No |
| Courts handling divorce procedures in Vietnam | People’s Courts handle divorce procedures in Vietnam. |
| Appeal possibility (YES/NO) | Yes, it is possible to appeal a divorce sentence. |
| Documents required in divorce procedures |
– divorce petition, – identification papers of both spouses, – marriage certificate, – the household registration book, – evidence supporting the divorce claim, – children’s brith certificates (if applicable) |
| Possibility to get a divorce in Vietnam for foreign citizens (YES/NO) | Yes, provisions were included in the new law. |
| Are child custody matters addressed during the divorce proceedings (YES/NO) | Yes |
| Availability of division of assets procedures (YES/NO) | Yes, division of assets is also debated during the divorce procedure. |
| Legal representation required (YES/NO) | Yes, for both types of procedures |
| Duration of divorce proceedings (approx.) |
– 2 -3 months in the case of mutual divorce, – around 6 months in the case of disputed ones |
| Legal services related to divorce proceedings | Our lawyers can represent clients in both types of procedures and can assist in drafting the necessary agreements in case of divorce by consent. |
Table of Contents
Divorce steps in Vietnam
An important aspect to consider when filing for a divorce in Vietnam is that there are two types of procedures couples can resort to:
- the mutual or consensual divorce;
- the unilateral divorce.
Both of them are completed in a Vietnamese court and require mediation before the judge rules on the ending of the respective marriage.
It is also important to note that, in order to terminate a marriage, either of the parties must motivate the decision when filing the divorce petition. Our Vietnamese lawyers can offer guidance when submitting it.
Grounds for divorce in Vietnam
The 2015 Civil Code and the 2014 Marriage and Family Law are the main legal frameworks to provide the reasons to get a divorce in Vietnam. Here are some of them:
- abuse and maltreatment;
- leaving the conjugal home for a longer period;
- adultery;
- imprisonment of one of the spouses for a long time;
- diseases that affect the marriage;
- the impossibility of living together.
Any of these reasons can be invoked when seeking any type of procedure. Our Vietnamese divorce lawyers can assist with the drawing up of the petition with the grounds enabling you to seek marriage termination.
The divorce by mutual consent in Vietnam
This is the simplest way to get a divorce in Vietnam, as the petition is submitted at both parties’ request, provided the following conditions are met:
- The spouses voluntarily agree to the termination of the marriage;
- The husband and wife have agreed on all important matters, among which the division of assets and child custody, alimony, and living conditions.
The judge will verify the documents attesting to the above-presented requirements, and if they respect the law, the divorce decision will be granted.
Our Vietnamese lawyers can assist with the preparation of the documents through which you can make the necessary arrangements for a quick resolution of the divorce.
The disputed divorce in Vietnam
Based on the reasons presented above, one of the spouses has the right to file for divorce in Vietnam. In this case, however, the case must be supported with evidence of the ground(s) leading to termination.
Following the submission of the petition, the judge will rule for a mediation period, during which the parties must decide whether they will continue with the divorce or not. Should they decide to continue, the court will verify if the arrangements fall in line with the law and issue the divorce decision.
Our divorce lawyers in Vietnam can offer representation during the proceedings.
How to get a divorce in Vietnam as a foreigner
Both types of procedures can also be used by foreign citizens who want to get a divorce in this country. However, in this case, there are two conditions to respect:
- The foreign citizen must have a Vietnamese residence permit for at least 6 months;
- The petition must be filed in the city where at least one of the spouses lives.
Divorce statistics in Vietnam
According to data compiled by Statista.com, in 2023:
- There were 32,060 divorces registered in Vietnam;
- The city with the largest number of divorces was Ho Chi Minh with 1,816 proceedings;
- 1,209 divorce cases were registered in Hanoi.
Our lawyers can also help you apply for citizenship in Vietnam. In addition, you can rely on our accountants in Vietnam for guidance in taxation matters, including related to divorce.
Contact our divorce lawyers in Vietnam for support in marriage termination.