Divorced from a foreigner but without registering the marriage in Vietnam

In today context of international integration, many Vietnamese citizens marry foreigners and live in various countries. However, in reality, there are quite a few cases where two people hold a wedding ceremony and live together abroad without registering their marriage in Vietnam. When the marriage faces a crisis and leads to a desire for divorce, a common question is, "Is it possible to divorce a foreigner if the marriage was not registered in Vietnam?"
This is a fairly common legal issue in marriage cases involving foreign nationals. Through the following article, Apolo Lawyers will help you understand the legal regulations regarding divorce from a foreigner in cases where the marriage was not registered in Vietnam.

1. Can a divorce be granted if the marriage is not registered in Vietnam?

According to the 2014 Law on Marriage and Family, a marriage is only legally recognized when the man and woman register their marriage at a competent authority.

This means that:

• If two people do not register their marriage at any competent authority, Vietnamese law will not recognize it as a legally valid marital relationship.
• In this case, the Court will not handle the divorce but only declare the marital relationship invalid.

Therefore, if a Vietnamese citizen lives with a foreign citizen but does not legally register their marriage in Vietnam, they will not be considered husband and wife legally.

2. Cases of marriage abroad but not registered in Vietnam

Another common situation is two people have legally registered their marriage abroad but have not completed the marriage registration procedure in Vietnam.

In this case, the marriage can still be recognized in Vietnam if the marriage complies with the laws of the country where it was registered and does not violate any prohibitions under Vietnamese law.

Therefore, if they wish to proceed with a divorce in Vietnam, the parties typically need to:

1. Register the marriage at a Vietnamese civil registry office.

2. File a divorce petition with the court.

Registering the marriage helps to recognize the marital relationship in Vietnam, providing the court with a basis to handle the divorce.

Divorced from a foreigner but without registering the marriage in Vietnam

3. Resolving Child Custody Issues When Marriage Is Not Registered

Even if two people are not legally married, their rights and obligations regarding their children are still protected by law. According to the 2014 Marriage and Family Law, parents still have the obligation to:

• Care for
• Nurture
• Educate their children

If a dispute arises, the Court will consider the following:

• The economic conditions of each party
• The living environment of the child
• The best interests of the child

From there, it will decide who will have direct custody of the child after the end of the cohabitation.

4. Resolving Property Issues When Marriage Is Not Registered

When two people live together without registering their marriage in Vietnam, the division of property will not be governed by the spousal property regime.

Instead, the property will be settled according to the principles of civil law, based on:

• Each party contribution
• The agreement between the two parties
• Evidence proving ownership

In many cases involving foreign elements, proving ownership can be quite complex, especially if the property is located in multiple countries.

Divorced from a foreigner but without registering the marriage in Vietnam

5. Apolo Lawyers - Divorce Lawyers provides consulting services on divorce procedures

When mutual agreement is no longer an option, knowing what is unilateral divorce and how to divorce without consent in Vietnam becomes critical. By understanding the legal process and gathering proper evidence, you can take control of your situation and seek a lawful resolution. Whether you are facing infidelity, domestic violence, or emotional breakdown, a unilateral divorce may be your path to freedom.

To better understand the cases of unilateral divorces as well as divorce issues. You should find a reputable divorce lawyer to authorize a lawyer. Our company provides fast unilateral divorce services in Ho Chi Minh City such as:

• Advice on the right to request the Court to settle divorce;
• Advising on conciliation procedures at the grassroots level;
• Advise on divorce proceedings;
• Advising on grounds for divorce;
• Advising on regulations on consent divorce and divorce at the request of one party;
• Advice on principles of the property division upon divorce and procedures for property division;
• Advice on divorce settlement procedures at the Court.

Hopefully, with the information we shared above, Apolo Lawyers has helped you better understand the cases in which a unilateral divorce is not allowed. In order for the divorce to be resolved quickly, the divorce petitioner can conduct the divorce procedures by himself or ask for divorce procedures consulting service. When coming to the divorce procedure consulting service at Apolo Lawyers, with a team of knowledgeable legal consultants, they regularly guide and prepare divorce documents.

Divorce is a quite complicated procedure. If you still have any questions, do not hesitate to contact Apolo Lawyers – Solicitors & Litigators. Hotline: (+84) 903. 419. 479 and Email contact@apolo.com.vn to be supported and helped in the most optimal way.

>>> Read more: Prepare for a Divorce Due to Domestic Violence in Vietnam

>>> Read more: When Does the Court Not Accept a Unilateral Divorce?