The dossier of mutual consensual divorce in Vietnam

The document file should support the couple's actual request, not merely follow an internet checklist. Marriage and identity records are central, while child, asset and debt documents depend on the issues the spouses ask the court to resolve.

Mutual consensual divorce is a case the husband and wife have an agreement about the divorce matter. The dossier of mutual consensual divorce has many different elements from the dossier of unilateral divorce, especially regarding the form of application.

Who has the right to request the settlement of divorce in Vietnam?

Divorce means termination of the husband and wife relation under a legally effective judgment or decision of the court. Therefore, it is necessary to determine who has the right to request the court to settle the divorce. 

According to clause 1, Article 51 of Law on Marriage and family 2014, the person who has the right to request settlement of divorce in Vietnam includes:

1. Husband or wife or both have or have the right to request a court to settle their divorce.
2. 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.

The condition of mutual consensual divorce in Vietnam

Article 55 Law on Marriage and Family stipulates the requirement to divorce as follows:

When both spouses request a divorce, a court shall recognize the divorce by mutual consent if seeing that the two are really willing to divorce and have agreed upon the property division, looking after, raising, caring for, and education of their children on the basis of ensuring the legitimate interests of the wife and children. If the spouses fail to reach an agreement or have reached an agreement that fails to ensure the legitimate interests of the wife and children, the court shall settle the divorce.

According to clause 2, Article 29, Civil Procedure Code 2015, the request to recognize the mutual consensual divorce, and dividing property after divorce is determined to be civil matters. Therefore, the procedure of mutual consensual divorce needs the following documents to be settled by the court:

• An Application file for recognition of mutual consensual divorce (in standard form)
• Copy of ID card, passport; identity and current residence information required for the case
• The original marriage certificate (if any), in case of loss of originals of the marriage registration certificate, a certified true copy by the competent State agency shall be submitted. The contents of the application file of recognition of mutual consensual for divorce must clearly state the reasons for the loss of the original marriage certificate.
• A copy of the birth certificate of common children (authenticated copies)
• Copy of documents, and records on property ownership (if dispute on the property)
• If both parties marry in Vietnam, then the wife or husband leaves for a foreign country, there must be confirmed by the local authorities in Vietnam that one spouse has left the country and has deleted his / her name in the identity and current residence information required for the case. The address must be provided in the foreign country of such spouse.
• 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.

​>>> Read more: Principles of settlement of common property upon divorce

>>> Read more: 04 Notes In Case Of Consensual Divorce

How legal advice can assist

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.

• Receiving opinions, and needs of clients on divorce, property division, and child-rearing upon divorce. 
• Consulting on conditions of the consensual divorce, the subject has the right to request the Court to settle the divorce in accordance with the law on marriage and family. 
• Advising on the rights and obligations of the parties towards the other party, common property, children, and joint debt after divorce; 
• Consulting the contents in the Application for consensual divorce: marital status, agreement on common property, children, joint debt; 
• Advice on the handling order of the Court and steps to be taken in the case of a consensual divorce. 
• Drafting and finalizing the form and detailed content of the Application; 
• Help the client to make and check the dossier of request for recognition of consensual divorce. 
• Support clients in the process of working with competent authorities; 
• Consulting on the fees of a consensual divorce, time to resolve the recognition of consensual divorce of 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.