Jurisdiction for divorce cases involving foreign elements

Determining the jurisdiction of divorce involving foreign elements will help the parties ensure their legitimate rights, therefore, determining the correct jurisdiction to resolve divorce is extremely important. In addition, it is also necessary to clearly understand what a divorce involving foreign elements is because this is one of the complicated cases in the field of marriage and family. Contact Apolo Lawyers – Solicitors & Litigators via Hotline (+84) 903 419 479 or Email contact@apolo.com.vn for quick and effective support. With a dedicated and professional legal team, we are committed to accompanying you throughout the entire divorce process.

1. Definition of divorce with foreign elements

Divorce with foreign elements refers to cases where at least one party is a foreign national, a Vietnamese citizen residing abroad, or where assets, rights, and obligations arise outside Vietnam. This type of divorce falls under civil relations with foreign elements and is governed by both Vietnamese law and international treaties to which Vietnam is a party.

Examples: A Vietnamese citizen married to a foreign national and seeking divorce or Both spouses are Vietnamese citizens but reside and live abroad.

Jurisdiction for divorce cases involving foreign elements

2. Legal Regulations on Jurisdiction for Divorce with Foreign Elements

According to Clause 3, Article 123 of Law on Marriage and Family 2014, amended by Clause 13 Article 2 of Law No. 81/2025/QH15 on amendments to certain provisions of the Law on the Organization of Court of the People, effective from 01 July 2025:

“3. Court of the People in areas where Vietnamese citizens reside hold jurisdiction to annul illegal marriages, resolve divorces, disputes regarding rights and obligations between spouses, parents and children, including matters of recognition of paternity, maternity, adoption, and guardianship between Vietnamese citizens residing in border areas and foreign nationals residing in neighboring border areas, in accordance with this law and other relevant Vietnamese legislation.”

Therefore, local Court of the People possess jurisdiction over divorce cases with foreign elements.

3. Principles for Division of Property in Divorce under Vietnamese Law

In Vietnamese Law, the government recognizes five principles for the division of marital property upon divorce, specifically:

“1. The settlement of property shall be agreed upon by the concerned parties in case of applying the statutory matrimonial property regime. If they fail to reach agreement thereon, at the request of a spouse or both, a court shall settle it according to Clauses 2, 3, 4 and 5 of this Article and Articles 60, 61, 62, 63 and 64 of this Law.

In case of applying the agreed matrimonial property regime, the settlement of property upon divorce must comply with such agreement. In case the agreement is insufficient or unclear, the settlement must comply with corresponding provisions of Clauses 2, 3, 4 and 5 of this Article and Articles 60, 61, 62, 63 and 64 of this Law.

2. Common property shall be divided into two, taking into account the following factors:

a/ Circumstances of the family, husband and wife;

b/ Contributions of each spouse to the creation, maintenance and development of common property. The housework done in the family by a spouse shall be regarded as income-generating labor;

c/ Protecting the legitimate interests of each spouse in their production, business and career activities to create conditions for them to continue working to generate incomes;

d/ Faults of each spouse in the infringement of spousal rights and obligations.

3. Common property of husband and wife shall be divided in kind, if impossible to be divided in kind, common property shall be divided based on its value. The partner who receives the property in kind with a value bigger than the portion he/she is entitled to receive shall pay the value difference to the other.

4. Separate property of a spouse shall be under his/her ownership, except for separate property already merged into common property in accordance with this Law.

A spouse who requests division of separate property which has been merged into or mixed with common property shall be paid for the value of his/her property contributed to common property, unless otherwise agreed by husband and wife.

5. The lawful rights and interests of the wife, minor children or adult children who have lost their civil act capacity or have no working capacity and no property to support themselves shall be protected.”

These principles are further detailed in Joint Circular No. 01/2016/TTLT-TANDTC-VKSNDTC-BTP guiding the implementation of certain provisions of the 2014 Law on Marriage and Family.

4. Procedures for Divorce with Foreign Elements

To initiate a divorce involving foreign elements, parties can reference these steps:

Step 1: Prepare Documents

• Divorce petition (in prescribed form).
• Copy of marriage certificate.
• Copies of passports or identity cards of both parties.
• Birth certificates of children (if any).
• Evidence of property (if disputes exist).
• Proof of residence abroad (if applicable).

Step 2: Submit Petition to Competent Court
Submit to the Court of People at the provincial level where the respondent resides or as agreed.

Step 3: Case Acceptance and Resolution

• Court reviews and accepts the petition.
• Summons parties for conciliation if necessary.
• Conducts first-instance trial and issues divorce judgment or decision.

Note: The law does not mandate conciliation at grassroots level before divorce petition, but many courts still require this step in practice.

Jurisdiction for divorce cases involving foreign elements

5. Importance of correct jurisdiction determination in divorce cases

• Ensures legality and enforceability of divorce judgments: Correct court jurisdiction guarantees enforceability. If jurisdiction is incorrect, judgments or decisions may be annulled or rejected by related agencies (such as Justice, Civil Status, Enforcement bodies). This is crucial when one party intends to remarry, register custody rights, or divide property.

• Saves time and litigation costs: Proper jurisdiction determination avoids unnecessary procedures, shortening resolution time and reducing expenses related to lawyers, translation, notarization, and other fees.
• Facilitates enforcement of judgments domestically and internationally.
• Maximizes protection of Rights and interests of the parties: Correct jurisdiction fosters objectivity and fairness in decisions. Wrong jurisdiction risks judgments lacking enforceability.

6. Apolo Lawyers – Solicitors & Litigators provides consulting services on divorce procedures

Our company provides fast unilateral divorce services in Ho Chi Minh City, such as:

• Advice on the right to request the Court to settle a divorce;
• Advising on conciliation procedures at the grassroots level;
• Advice 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 – Solicitors & Litigators has helped you better understand the cases in which a unilateral divorce is not allowed. For the divorce to be resolved quickly, the divorce petitioner can conduct the divorce procedures by himself or ask for a divorce procedure 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 quite a 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 optimally.

>>> Read more: Marriage and Divorce Condition for foreign people live in Viet Nam

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