An older document checklist should be checked against the needs of the current case. A foreign-element divorce may require review of the marriage record, residence information, the respondent's overseas location and the formal preparation of documents issued abroad.
What is a divorce?
According to Clause 14, Article 3 Law on Marriage and Family 2014, divorce means termination of the husband and wife relation under the legally effective judgment or decision of the Court.
Who is entitled to request for divorce?
According to Article 51, Law on Marriage and Family 2014, people have the rights to request for divorce is:
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Husband or wife or both has or have the right to request a court to settle their divorce.
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A parent or another next of kin of a spouse has the right to request a court to settle a divorce when the spouse is unable to perceive and control his/her acts due to a mental disease or another disease and is concurrently a victim of domestic violence caused by his/her spouse which seriously harms his/her life, health or spirit.
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A husband has no right to request a divorce when his wife is pregnant, gives birth or is nursing an under-12-month child.
Therefore, husband or wife have the rights to request for divorce or both husband and wife mutually file the request for consensual divorce.
>>>Read more: The divorce between Vietnamese and foreigner in Vietnam
Documents to be prepared to request a divorce with foreigners in 2022:
In order to get a divorce, the divorce petitioner needs to prepare documents to be sent to the Court. A divorce file with a foreigner includes:
- Applications for divorce;
- Marriage registration certificate (original);
– Personal papers of husband and wife: CCCD, ID card, passport (certified copy);
- identity and current residence information required for the case of husband and wife; current residence information required for the case; Temporary residence card of foreigners in Vietnam (certified copy);
– Birth certificates of children (certified copies);
- Papers proving common assets and common debts;
– In case the spouse has gone abroad but the address in the foreign country cannot be determined, a written certification of the departure from the locality is required.
Foreign-issued records should be checked for authenticity, the applicable treaty route and any required Vietnamese translation. The Apostille Convention entered into force for Vietnam on 11 September 2026, but its operation between the relevant countries, any objections and the document type must be verified. Where it does not apply, assess consular legalisation or another applicable exemption. Formalities do not by themselves establish that the document proves the facts required in the divorce.
Service on quickly divorce between Vietnamese and foreigner in Vietnam at Jurion & Partners
Clear documents, a consistent account of the facts and focused settlement discussions can reduce avoidable corrections. The court still applies its procedural requirements, and the overall duration depends on notice, evidence, disputed issues and the circumstances of the case.
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Consulting about the right to request the Court to settle divorce;
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Consulting the divorce proceedings;
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Making some paperwork such as petition, requestment, and statement for divorce;
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Participating in divorce settlement procedures at the Court.
Legal assistance can include assessing the file, identifying missing records and preparing the requests and evidence for the relevant procedure. The scope and practical next steps should be agreed clearly, without promising a court result or completion date.
Discuss your next steps
For advice on foreign-element divorce documents, ask Jurion & Partners to review the circumstances, documents and options relevant to your case.
