A divorce between a Vietnamese citizen and a foreigner, or between two foreigners residing in Vietnam, is considered a divorce involving foreign elements. These cases are subject to specific legal procedures under the Law on Marriage and Family 2014 and the Civil Procedure Code 2015.
1. What Is a Divorce Involving Foreign Elements?
According to Vietnamese law, a divorce is considered to have foreign elements if:
2. Competent Authority for Divorce Cases
📌 Depending on the situation, jurisdiction belongs to:
3. Required Documents for Divorce with Foreign Elements
📂 Application for divorce (petition)
📂 Original marriage certificate (or certified copy)
📂 Identity documents: Passport/ID card of both spouses
📂 Birth certificates of children (if any)
📂 Documents related to property and assets (if claiming division)
📂 Residence information of the foreign spouse (if abroad)
⚠️ Foreign documents must be consular legalized (unless exempt) and translated into Vietnamese with notarization.
4. Divorce Procedure at Vietnamese Courts
Step 1: File divorce petition and supporting documents at the competent court
Step 2: Court accepts the case, notifies the spouse and related parties
Step 3: Mediation session organized by the court (if applicable)
Step 4: Trial/hearing to resolve issues of marriage, child custody, and property division
Step 5: Court issues a Judgment/Decision of Divorce with legal effect
📌 Duration: Usually 4–6 months, but can be longer if one spouse resides abroad.
5. Common Challenges in Foreign-Related Divorce Cases
❗ Difficulty in serving documents to foreign spouses abroad
❗ Disputes over child custody when one parent lives overseas
❗ Asset division across multiple jurisdictions
❗ Consular legalization delays of foreign-issued documents
6. Why Choose DHH Law Firm for Divorce Cases in Vietnam?
🌟 Experienced family & international law attorneys
🌟 Full support with preparation and submission of court documents
🌟 Assistance in serving notices to foreign spouses abroad
🌟 Strong representation in child custody and property disputes
🌟 Confidential and professional service from start to finish
📞 Contact DHH Law Firm Today
🏢 Main Office: 2nd Floor, 829 Huynh Tan Phat Street, Phu Thuan Ward, HCMC
📍 Branch Office: 6th Floor, No. 16, Alley 204, Tran Duy Hung Street, Dai Mo Ward, Hanoi
📞 Hotline: +84 89 9352 777 (VN) | +84 89 9351 777 (ENG)
🌐 Website: www.dhhlawfirm.vn
📧 Email: contact@dhhlawfirm.vn
✨ DHH Law Firm – Trusted Divorce & Family Law Solutions in Vietnam
FAQ Section
❓ Which court handles divorce with foreign elements in Vietnam?
Provincial People’s Courts usually handle these cases, except when both spouses reside in Vietnam, where district courts may have jurisdiction.
❓ How long does a foreign-related divorce take in Vietnam?
Typically 4–6 months, but cases may take longer if one spouse lives abroad or documents require consular legalization.
❓ Do foreign-issued documents need legalization?
Yes. Marriage certificates, ID documents, or other foreign papers must be consular legalized (unless exempt) and translated into Vietnamese.
❓ Can child custody be decided if one parent lives overseas?
Yes. The court will prioritize the child’s best interests, considering age, living conditions, and financial stability of each parent.
❓ Can foreigners file for divorce directly in Vietnam?
Yes, if the marriage was registered in Vietnam or if one spouse resides in Vietnam. Otherwise, jurisdiction may depend on international treaties.
