Navigating a divorce dispute is a critical legal process when spouses can no longer find common ground, marital conflicts become severe, and the cohabitation cannot be prolonged. In reality, when carrying out divorce procedures, many clients are not only concerned with terminating the marital relationship but also need the support of a divorce lawyer in Vietnam to resolve important issues such as child custody after divorce in Vietnam, alimony, division of marital property in Vietnam, joint debt obligations, and dossier submission at the court. With experience in the field of marriage and family, Viet An Law provides a divorce lawyer service in Vietnam, divorce consultation in Vietnam, lawyers advising on divorce procedures, advising on unilateral divorce procedures, and divorce consultation by mutual consent, helping clients choose appropriate solutions, protect their legitimate rights, and minimize risks during the divorce resolution process, including complex cases like a cross-border divorce.
Service summary table
| Content | Service information |
| Main service | Divorce lawyer consultation service |
| Forms of divorce | Uncontested divorce in Vietnam, contested divorce in Vietnam |
| Common issues | Child custody, alimony, property division, joint debts |
| Resolving agency | Competent court |
| Basic dossier | Divorce petition, marriage certificate, personal documents, child’s birth certificate, property and debt documents |
| Lawyer support | Consulting, drafting dossiers, submitting dossiers, representing at court |
The divorce lawyer service is a legal service provided by lawyers and legal specialists to support clients throughout the entire process of resolving a divorce at the court. The consultation content does not stop at drafting the divorce petition but also includes evaluating the grounds for divorce, preparing the dossier, determining the court’s jurisdiction, advising on child custody, dividing property, alimony obligations, joint debt repayment obligations, and representing the client to work with competent authorities when necessary.
A lawyer providing divorce legal advice in Vietnam helps clients clearly understand their rights and obligations before submitting the dossier, thereby choosing the option of an uncontested divorce, a unilateral divorce, or a suitable negotiation plan to save time, costs, and limit prolonged disputes.
Clients should use a divorce lawyer service in the following cases:
In cases with complex disputes, having a lawyer advise on divorce procedures right from the beginning will help clients prepare a more complete dossier and evidence, avoiding passivity when working with the Vietnamese court.
When consulting on divorce, Viet An Law focuses on four groups of important legal issues that almost all divorce cases must resolve:
| Content to be resolved | Lawyer consultation |
| Marital relationship | Grounds for divorce, form of divorce by mutual consent or unilateral divorce |
| Common children | Right to directly raise the child, alimony, right to visit the child |
| Common property | Principles of property division, real estate, business assets, separate property |
| Joint debts | Determining debts arising during the marriage period and payment obligations |
Identifying each issue correctly from the start helps clients choose the appropriate resolution direction, limiting the need for the dossier to be amended, supplemented, or disputes prolonged at the court.
According to marriage and family law, the wife, the husband, or both spouses have the right to request the court to resolve a divorce. In some special cases, a parent or another relative also has the right to request the court to resolve a divorce if one spouse, due to mental illness or another disease, cannot perceive or control their behavior, and is simultaneously a victim of domestic violence caused by the other spouse, seriously affecting their life, health, and spirit.
An important note is that the husband does not have the right to request a divorce in the event the wife is pregnant, giving birth, or raising a child under 12 months old. However, the wife still has the right to request a divorce if there are grounds and a need to protect her legitimate rights and interests.
An uncontested divorce is a case where both spouses voluntarily divorce and have reached an agreement on issues related to common children, common property, joint debts, and post-divorce obligations. If it is deemed that the divorce is voluntary and the agreement of the parties ensures the legitimate rights of the wife and children, the court will recognize the divorce by mutual consent.
Viet An Law provides divorce consultation by mutual consent to clients with the following content:
An uncontested divorce in Vietnam usually saves more time compared to a unilateral divorce if both parties have the goodwill to cooperate and the dossier is prepared correctly from the beginning.
A unilateral divorce is a case where only one spouse requests the court to resolve the divorce. The court will consider granting the divorce if there are grounds showing that the wife or husband has committed acts of domestic violence or seriously violated the rights and obligations of spouses, causing the marriage to fall into a serious state, the cohabitation cannot be prolonged, and the purpose of the marriage is not achieved.
Viet An Law advises clients on unilateral divorce procedures for the following issues:
In the event one spouse is declared missing by the court, the other person has the right to request the court to resolve the divorce according to the provisions of the law.
| Criteria | Uncontested divorce | Unilateral divorce |
| Will to divorce | Both spouses agree | One party requests the divorce |
| Disputes | Usually have agreed on children, property, joint debts | There may be disputes or one party does not cooperate |
| Dossier | Petition requesting recognition of divorce by mutual consent | Divorce lawsuit petition |
| Time | Usually faster if the dossier is complete | Can take longer due to mediation, verification, and trial |
| Role of lawyer | Drafting the dossier, reviewing agreements | Preparing grounds, evidence, protecting rights at the court |
Depending on whether it is an uncontested divorce or a contested divorce in Vietnam, the divorce dossier may differ. Normally, clients need to prepare the following basic documents:
| Document group | Detailed documents |
| Personal documents | Citizen identity card/passport of the wife, husband; certificate of residence information if necessary |
| Marriage documents | Original marriage registration certificate |
| Documents regarding common children | Birth certificates of the children |
| Property documents | Certificate of land use rights, vehicle registration, savings book, capital contribution documents, documents on other assets |
| Joint debt documents | Loan contract, loan receipt, bank statement, documents proving the debt |
| Other evidence | Documents proving conflicts, domestic violence, alimony obligations, conditions for raising children |
In case of losing the marriage registration certificate, losing the child’s birth certificate, or not keeping the property documents, clients can be advised by a lawyer on options to request excerpts, collect documents, or request the court to support the collection of evidence according to regulations.
From July 1, 2025, the court system will undergo changes according to a new model, including regional People’s Courts. Therefore, when submitting a divorce petition, clients need to check the correct competent court according to their area of residence, work, and the specific type of case.
The law encourages mediation in marriage and family relations. Before or during the process of resolving a divorce, the parties can be mediated at the grassroots level or mediated at the court.
The state and society encourage grassroots mediation when a wife or husband requests a divorce. Grassroots mediation aims to create an opportunity for the parties to re-evaluate their conflicts and find a plan for reconciliation if there is still a possibility of continuing to live together.
During the process of resolving a divorce case, the court may conduct mediation one or more times depending on the nature of the case and the cooperation of the parties. The mediation must respect voluntary agreements and must not use force, threaten to use force, or coerce the parties to agree contrary to their will. The content of the agreement must also not be contrary to the law or social ethics.
If the parties can agree on the entire content of the case, the court can prepare a successful mediation record and issue a decision recognizing the agreement according to regulations. If mediation is not possible, the case will be brought to trial according to civil procedure procedures.
Some cases where the court cannot conduct mediation include:
Evidence plays a very important role, especially in unilateral divorce cases, child custody disputes, property disputes, or joint debt disputes. The involved party requesting the court to protect their legitimate rights and interests must provide evidence to prove that such a request is grounded and lawful.
Common sources of evidence in a divorce case include:
| Type of evidence | Example |
| Readable documents | Messages, emails, agreement documents, property documents, loan contracts |
| Audio and visual documents | Audio recordings, video recordings, images, videos |
| Testimonies | Testimonies of the wife, husband, witnesses |
| Professional conclusions | Assessment conclusions, property valuation |
| Documents from competent authorities | Residence confirmation, medical records, working minutes, judgments/decisions that have taken legal effect |
Documents that are copies should be legally notarized, authenticated, or certified by competent agencies or organizations. For documents in a foreign language, the involved party needs to provide a Vietnamese translation that is legally notarized or authenticated.
Child custody is one of the contents that frequently arises in disputes upon divorce. When resolving child custody after divorce in Vietnam, the court will comprehensively consider the interests in all aspects of the child, including care and education conditions, living environment, income, caregiving time, the personal background of the parents, and the aspirations of the child in cases where the law requires consideration.
Viet An Law advises clients on:
Preparing evidence regarding income, housing, caregiving time, learning environment, and the psychological stability of the child is very important in cases with child custody disputes.
Upon divorce, the division of property is agreed upon by the spouses. If an agreement cannot be reached, the court will resolve it according to the provisions of the law. Regarding the statutory property regime, the common property of the spouses is divided in principle, considering many factors such as the family’s circumstances, the contribution efforts of each party, the protection of legitimate interests in production and business, and the fault of each party in violating the rights and obligations of spouses.
The separate property of the wife or husband belongs to the ownership of that person, except in cases where the separate property has been merged into the common property. If there is a merger or mixing between separate property and common property, the party with the separate property can request payment for the value of the property they have contributed to the common property block, unless the spouses have another agreement.
In cases where spouses live with their family and the property of the spouses within the common property block of the family cannot be identified, the wife or husband may be allocated a portion of the common property block based on their contribution efforts in creating, maintaining, and developing the common property block. If an agreement cannot be reached with the family, the parties have the right to request the court to resolve it.
If the land use right is the separate property of either party, it remains with that party upon divorce. If the land use right is the common property of the spouses, the division of the land use right is carried out according to the agreement or according to the decision of the court, depending on the type of land, the need for use, and the conditions for directly using the land of the parties.
For residential land, agricultural land, forestry land, production and business land, or land use rights attached to a household, determining the origin of the property, contribution efforts, and legal documents is an important factor to protect the client’s rights.
In cases where the housing is privately owned by the wife or husband but has been put into common use, upon divorce, the housing still belongs to the private ownership of that person. However, if the other party has difficulties regarding accommodation, that person may be granted the right of residence for a certain period according to the provisions of the law, unless the parties have another agreement.
If the spouses are carrying out business activities related to common property, the party directly doing business may receive that property and pay the other party the value of the property they are entitled to, unless specialized laws provide otherwise.
Besides common children and common property, joint debts are also an important issue upon divorce. A debt can be considered a joint obligation if it arises during the marriage period and serves the common needs of the family, the activity of creating common property, or the common purposes of the spouses.
Viet An Law advises clients on:
Determining a joint debt needs to be based on the loan contract, loan receipt, bank statements, the purpose of using the loan, the person signing to acknowledge the debt, and related evidence.
The marital relationship terminates from the date the judgment or divorce decision of the court takes legal effect. After this point, the personal rights and obligations between spouses terminate, but the obligations related to common children, alimony, property division, judgment execution, or other financial obligations must still be performed according to the judgment, decision of the court, or the lawful agreement of the parties.
The cost of hiring a divorce consultation lawyer depends on the form of uncontested or unilateral divorce, the level of dispute regarding common children, common property, joint debts, foreign elements, and the scope of work the client requests the lawyer to support.
Viet An Law provides clear fee quotes for each case, scope of work, and the support needs of the client according to the specific scope of work:
| Type of case | Scope of support |
| Basic divorce consultation | Advising on legal regulations, dossiers, court jurisdiction |
| Uncontested divorce | Drafting petitions, reviewing agreements on common children, property, joint debts |
| Unilateral divorce | Drafting lawsuit dossiers, advising on evidence, tracking dossiers |
| Disputed divorce | Lawyers protect rights regarding children, property, joint debts at the court |
| Divorce involving foreign elements | Advising on jurisdiction, dossiers, translation, authorization, foreign documents |
During the process of resolving a divorce dispute, Case laws are an important reference source helping the court apply the law uniformly for similar problematic situations. Some Case laws frequently cited in divorce cases, disputes over child custody, alimony, and common property of spouses include:
| Case law | Core legal content | Significance in divorce disputes |
| Case law No. 54/2022/AL | Determining custody of children under 36 months old in cases where the mother does not directly care for, nurture, and educate the child. | Even though a child under 36 months old is usually prioritized to be assigned to the mother, the court can still assign the child to the father if the mother does not directly care for the child, while the father ensures good nurturing conditions and the child has stabilized in the living environment with the father. |
| Case law No. 62/2023/AL | Determining the starting time to perform the alimony obligation for a minor child in a dispute case identifying the father for the child. | The alimony obligation of a parent towards a minor child can be determined from the time the child is born, instead of only counting from the date the court pronounces the judgment or the date of initiating the lawsuit. |
| Case law No. 03/2016/AL | Determining the land use right is the common property of the spouses in a divorce case when parents have given the spouses land, the spouses have built a house, used it stably, and been granted a LUR Certificate. | Serves as a reference basis when resolving divorce property disputes related to housing and land given by parents but without a clear written document, especially in cases where the spouses have used it openly and stably for a long time. |
Viet An Law provides a comprehensive divorce lawyer service in Vietnam, supporting clients from the initial consultation stage to the completion of procedures at the court.
| Service content | Viet An Law support |
| Divorce legal consultation | Advising on legal regulations regarding divorce, rights, and obligations of spouses |
| Uncontested divorce consultation | Drafting dossiers, advising on agreements on common children, property, joint debts |
| Unilateral divorce consultation | Evaluating grounds for divorce, evidence, court jurisdiction |
| Child custody consultation | Advising on child-rearing conditions, alimony, the right to visit children |
| Property division consultation | Determining common property, separate property, real estate, business assets |
| Joint debt consultation | Determining debt repayment obligations and related evidence |
| Drafting divorce dossiers | Drafting divorce petitions, self-declarations, request forms, attached documents |
| Representing at court | Representing under authorization, participating in protecting the legitimate rights and interests of the client |
Viet An Law supports clients in preparing dossiers, documents, evidence, representing them in working with the competent court, and advising on legal procedures arising related to the divorce according to the provisions of the law.
| Step | Implementation content |
| Step 1 | Receiving information on the divorce case |
| Step 2 | Advising on uncontested, unilateral options, common children, property, joint debts |
| Step 3 | Reviewing and preparing dossiers, evidence |
| Step 4 | Drafting the divorce petition and attached documents |
| Step 5 | Submitting the dossier, tracking the resolution process at the court |
| Step 6 | Representing or protecting the client’s rights when necessary |
Clients choose the divorce lawyer service of Viet An Law for the following reasons:
It is not mandatory to have a lawyer, but if the spouses have common children, common property, or joint debts, they should be advised by a lawyer to reach a clear agreement, avoiding disputes after the divorce.
Yes. If there are grounds to prove the marriage has fallen into a serious state, the cohabitation cannot be prolonged, and the purpose of the marriage is not achieved, one party has the right to request the court to resolve a unilateral divorce.
It is possible to carry out. Clients can request an excerpt of the marriage registration certificate at the competent civil status agency to supplement the divorce dossier.
Not all cases will be stopped. If the defendant has been validly summoned but is still absent, the court can continue the resolution according to civil procedure regulations.
Yes. A case with disputes over property, real estate, joint debts, or requiring property valuation usually takes longer compared to a case only requesting the termination of the marital relationship.
It is possible. In some cases, if at the time of divorce the parties have not requested the division of common property, the wife or husband can request the court to resolve the post-divorce property dispute.
Yes. A lawyer can assist in drafting the dossier, submitting the dossier, working with the court within the scope of authorization, and participating in protecting the legitimate rights of the client according to regulations.
No. The cost depends on the form of divorce, the level of dispute, property, common children, foreign elements, and the scope of work performed by the lawyer.
It is advisable to have a lawyer’s support because the case often involves court jurisdiction, foreign documents, authorization, translation, and consular legalization.
Yes. A lawyer can advise on child-rearing conditions, prepare evidence, and participate in protecting the legitimate rights of the client at the court.
Divorce is a legal procedure directly affecting personal relationships, common children, property, finances, and the future lives of the parties. Therefore, being advised by a divorce lawyer right from the beginning will help clients clearly understand their rights, obligations, and choose a suitable resolution plan.
Customers who wish to use the divorce lawyer service in Vietnam, a divorce lawyer, unilateral divorce consultation, uncontested divorce consultation, child custody consultation, property division, or joint debt resolution upon divorce, or general marriage and family legal advice in Hanoi, Ho Chi Minh City, and provinces nationwide, please contact Viet An Law for detailed support.
