Can foreigners get a divorce in Vietnam

Vietnam has become a popular destination for expatriates, leading to an increase in mixed marriages. As a result, the question "Can foreigners get a divorce in Vietnam?" is frequently asked. This article provides a detailed overview of the legal framework, processes, and considerations for foreigners seeking divorce in Vietnam. In case you need advice, please contact Apolo Lawyers via email at contact@apolo.com.vn or hotline: (+84) 903 419 479 for the best advice and support.

1, Understanding Divorce for Foreigners in Vietnam

Foreigners can indeed file for divorce in Vietnam, whether they are married to another foreigner or a Vietnamese citizen. The divorce process in Vietnam follows the Civil Procedure Code and various regulations, ensuring that both parties rights are protected.

Can foreigners get a divorce in Vietnam?

Types of Divorce

1. Mutual Consent Divorce: Both parties agree to the divorce and terms, making the process generally quicker and more straightforward.
2. Unilateral Divorce: One party wishes to end the marriage without the consent of the other. This process can be more complex and may require court intervention.

According to Clause 14, Article 3 of the 2014 Marriage and Family Law, divorce is the termination of the marital relationship based on a legally effective judgment or decision of the court. Additionally, Article 127 of this Law states that a divorce with foreign elements involves a divorce between a Vietnamese citizen and a foreigner, or between foreigners residing in Vietnam, which is resolved by the competent authorities in Vietnam.

Thus, divorce with a foreigner falls under the category of divorce with foreign elements, meaning the termination of the marital relationship based on a legally effective judgment or decision of the court, where one party is a foreigner.

A mutual consent divorce with a foreigner occurs when both spouses (one being a foreigner or a Vietnamese citizen residing abroad) voluntarily agree to divorce, recognizing that the purpose of their marriage has not been achieved and there are no disputes regarding property, child custody, or care.

A unilateral divorce with a foreigner is understood as a divorce requested by one spouse against the other, who is a foreigner, based on grounds that the foreign spouse has committed acts of domestic violence or has seriously violated the rights and obligations of marriage, leading to a critical state of the marriage where cohabitation is untenable and the purpose of marriage is not fulfilled.

The procedure for divorce with a foreigner in Vietnam is a divorce process in which one party is a foreigner, and the request is to be resolved in Vietnam according to the procedural rules of the Civil Procedure Code of Vietnam.

Can foreigners get a divorce in Vietnam?

2. Documents for unilateral divorce of foreigners in Vietnam

The divorce file with a foreigner includes:

• An application for recognition of mutual consent divorce signed by both spouses in the case of mutual consent divorce, and a divorce petition in the case of unilateral divorce.
• The original marriage certificate, if available. In case the original is lost, submit a notarized copy confirmed by a competent state authority. If the marriage was registered abroad, the procedure for noting the marriage in the registry at the Department of Justice should be followed.
• Identity card/citizen identification or passport of both spouses (notarized copies).
• Household registration book/temporary residence book/temporary residence card of both spouses (notarized copies).
• Birth certificates of the children if there are joint children (authenticated copies).
• Documents proving joint assets and debts if there are disputes regarding property.
• Documentation proving that one party is currently abroad (if applicable).

Other relevant documents

>>> More: Resolving Illegal Marriage Annulment

 >>> More: Navigating Child Custody After Divorce: A Guide for Foreigners

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