Divorce with Foreign Elements in Vietnam (2026): Documents, Procedures & Fees

Divorce with foreign elements in Vietnam (2026): Documents, procedures & fees is a complex legal process involving different nationalities, residences, and assets. In reality, many cases are rejected or delayed for 6–12 months due to poor preparation. Without knowing the foreigner divorce procedure in Vietnam, you may lose time, money, and legal rights, especially regarding child custody laws in Vietnam for foreigners 2026. This article covers all divorce documents for foreigners in Vietnam and how to handle the process efficiently.

What is divorce with foreign elements in Vietnam?

Divorce with foreign elements refers to the termination of a marriage when at least one spouse is involved in an international relationship, such as nationality, residence, or property located abroad. This type of divorce is legally complex and often requires the simultaneous application of multiple legal systems.

According to the provisions of the Law on Marriage and Family, divorce with foreign elements in Vietnam includes the following cases:

• Divorce between a Vietnamese citizen and a foreigner, or between two foreigners residing in Vietnam, shall be settled by the competent Vietnamese authorities in accordance with current laws.
• If one spouse is a Vietnamese citizen but does not reside in Vietnam at the time of the divorce request, the settlement will be based on the laws of the country where both parties reside; if the common residence cannot be determined, Vietnamese law will apply.
• For real estate located abroad, the division during divorce will follow the laws of the country where the property is located.

Thus, international divorce involves not only marital relationships but also conflicts of law between countries, requiring specialized legal advice to ensure the rights of all parties are protected.

Cases of divorce with foreign elements

Divorce with foreign elements arises when the marriage involves international factors such as nationality, residence, or property located abroad. According to the Law on Marriage and Family 2014, common cases include:

Divorce between a Vietnamese citizen and a foreigner

This is the most common scenario, applicable when one party is a Vietnamese national and the other is a foreigner.

Divorce between foreigners in Vietnam

This applies when both parties are foreigners but are legally residing, working, or living in Vietnam and request that the divorce be settled in Vietnam.

Divorce involving overseas assets

If a married couple owns real estate or other assets in another country, the resolution will depend on the laws of the country where those assets are located.

Therefore, if the marriage involves foreign elements regarding the parties, place of residence, or assets, it will be considered a divorce with foreign elements under Vietnamese law.

Jurisdiction for divorce with foreign elements in Vietnam

According to the provisions of the Law on Marriage and Family 2014 and the Civil Procedure Code 2015, the jurisdiction for resolving divorce cases involving foreign elements is determined as follows:

Provincial People’s Court (primary jurisdiction)

Most divorce cases involving foreign elements will be handled by provincial-level people’s courts, especially when:

• One party is a foreign national
• There are assets located abroad
• International judicial assistance is required.

These are complex cases involving multiple legal systems.

District People’s Court (special case)

In some cases, the District Court still has jurisdiction, including:

• Divorce cases involving foreign elements but where both parties and assets are located in Vietnam, without the need for judicial assistance.
• Divorce between a Vietnamese citizen residing in a border area and a citizen of a neighboring country also residing in the border area.

These cases are considered simpler in terms of legal aspects and procedures.

Applicable law when resolving international divorce cases

Determining the applicable law depends on the nationality, domicile, and property of the parties:

Applying Vietnamese law

In the case of divorce between a Vietnamese citizen and a foreigner, or between a foreigner residing in Vietnam, the settlement will be governed by Vietnamese law.

Applying foreign law (in certain cases)

If a Vietnamese citizen is not a permanent resident of Vietnam at the time of filing for divorce, the case will be resolved based on the laws of the country where the couple resides; if there is no common residence, Vietnamese law will apply.

For assets located overseas

The division of real estate abroad during a divorce will be governed by the laws of the country where the property is located.

Divorce documents for foreigners in Vietnam (2026 update)

Divorce documents for foreigners in Vietnam require thorough and accurate preparation, tailored to each specific case. Correctly classifying between amicable and unilateral divorces will save processing time and prevent requests for additional documents from the court.

Documents for mutual consent divorce with foreigners

Mutual consent divorce applies when both spouses agree to terminate the marriage, divide property, and settle matters concerning their children.

The documents includes:

• Application for recognition of consensual divorce (according to the prescribed form)
• Original marriage certificate
• Certificate of residence of the wife or husband
• Notarized copies of the citizen identification card/passport of both parties
• Copy of the birth certificate of the child (if any)
• Documents proving joint property (land title, vehicle registration, other assets, etc.)

This is a faster and simpler form of divorce if both parties reach an agreement.

Documents for unilateral divorce with foreigners

Unilateral divorce occurs when one party requests a divorce but the other party disagrees or there is a dispute.

Documents required:

• Unilateral divorce petition form provided by the Court
• Original marriage certificate
• Residence confirmation of the parties involved
• Notarized copies of the wife’s and husband’s Citizen Identification Cards/Passports
• Copy of the child’s birth certificate (if any)
• Supporting documents for claims (property, child custody, alimony obligations, etc.).

This type of case is often more complex and can be protracted due to disputes and the need for additional evidence.

Important notes when preparing the documents

Documents must be translated and legalized by the consulate if they originate from abroad.

Documents must be valid and comply with Vietnamese law.

It is advisable to prepare all necessary documents in advance to avoid delays in processing.

Foreigner divorce procedure in Vietnam

The divorce process involving foreign nationals in Vietnam involves several important legal steps. Properly preparing the necessary documents and following the correct procedures will help shorten the processing time and minimize risks.

Step 1: Prepare divorce documents

Depending on the case, the required documents will vary:

• Mutual consent divorce
• Unilateral divorce

Step 2: Filing the documents at the Competent court

• Mutual consent divorce: filed in the court where either the husband or wife resides.
• Unilateral divorce: filed in the court where the defendant resides.

Typically, cases involving foreign elements are handled by the provincial-level People’s Courts.

Step 3: The court processes the case

• The court will review the case within approximately 8 working days.
• If valid, a provisional payment of court fees will be required.

Step 4: Pay the advance court fees/charges

• Submit to the Civil enforcement agency
• Submit the receipt to the Court to complete the acceptance procedure

You can authorize a lawyer to handle the process on your behalf if it is inconvenient to do so yourself.

Step 5: Resolve and make a decision on divorce

• The court proceeds with the trial or recognizes a consensual divorce.
• Considers all evidence and foreign elements.
• Makes a decision on:
• Termination of marriage
• Division of property
• Child custody.

The divorce process with a foreign national in Vietnam requires strict adherence to legal regulations and thorough documentation. Understanding each step will help:

• Shorten processing time
• Avoid having your application rejected
• Protect your legal rights.

Processing time for divorce with foreign elements

The time it takes to resolve a divorce case involving foreign elements in Vietnam depends on the nature of the case (amicable or unilateral) and the complexity of the documentation. According to current legal regulations:

• Preparation for trial: approximately 4-6 months from the date the court accepts the case.
• Trial hearing time: 1-2 months from the date of the decision to bring the case to trial.

In practice, the process may take longer if the case involves complex foreign elements, requires judicial assistance, or necessitates additional evidence.

Divorce fees in Vietnam for foreigners (2026)

The cost of a divorce involving foreign elements depends on the type of divorce (amicable or unilateral), the extent of the dispute, and the foreign element involved. In practice, the total cost usually includes court fees, translation and legalization fees, and attorney fees (if applicable).

Divorce court fees as prescribed by law

According to Vietnamese law:

• Divorce without property disputes: approximately 300,000 VND
• Divorce with property disputes: calculated based on the value of the disputed property (according to the civil fee schedule).

This is a mandatory fee when filing a case in court.

Costs related to foreign elements

For divorce cases involving foreign elements, additional costs may apply:

• Translation and notarization fees: from 500,000 to 3,000,000 VND
• Consular legalization fees: from 1,000,000 to 5,000,000 VND
• International judicial assistance fees (if applicable): vary depending on the country.

This is a specific fee when the documents or the person concerned are located abroad.

Attorney’s fees (optional)

If using legal services:

• Mutual consent divorce: from 10,000,000 to 20,000,000 VND.
• Unilateral divorce: from 20,000,000 to 60,000,000 VND (or higher if complicated).

Costs depend on:

• The extent of the dispute
• Whether there are foreign assets involved
• Whether international handling is required.

Average total actual cost:

• Mutual consent divorce: 10,000,000 – 25,000,000 VND.
• Unilateral divorce: 20,000,000 – 60,000,000 VND.

Important note

• The more complex the case, the higher the cost.
• Property disputes or child custody issues will increase costs.
• It’s advisable to prepare all necessary documents from the start to avoid complications.

The cost of a divorce involving a foreign national is not fixed and depends on many legal and practical factors. Understanding these costs will help you:

• Manage your finances proactively
• Avoid unexpected expenses
• Choose the most suitable option.

Case study by Viet An Law: Vietnam – US Divorce with assets in Michigan

Information about the case

A client holds dual US-Vietnamese citizenship and is married to a US citizen in the United States. Currently, both are living and working in Ho Chi Minh City.

• Marriage registered in the US, not yet registered in Vietnam.
• Has one child (5 years old).
• Has shared property: a house in Michigan (USA).
• The wife wishes to divorce in Vietnam and prioritizes child custody; she does not request a division of assets.

The question is: Is it better to get a divorce in Vietnam or in the US?

Legal analysis

Marriage in the US but not registered in Vietnam

According to the Law on Marriage and Family 2014, amended 2025:

• Marriage certificates issued by foreign countries need to be legalized by consular authorities for use in Vietnam.
• Then, the marriage registration procedure must be carried out at the Department of Justice.

Even if you haven’t officially registered your marriage, you can still file for divorce, but you’ll need to clearly explain the reasons in your application.

Is it possible to get a divorce in Vietnam?

Yes. According to Vietnamese law:

• Divorce documents are filed at the Provincial People;s Court where the wife resides.
• Procedures are carried out according to the Civil Procedure Code 2015, as amended in 2025.

The basic process includes:

• Filing the divorce petition and supporting documents
• The court accepting the case and requesting payment of court fees
• Mediation and evidence gathering
• Trial and issuance of the divorce decree

Regarding jointly owned property in the United States

According to legal regulations:

Real estate located abroad will be governed by the laws of the country where the property is situated.

• The house in Michigan will be subject to US law.
• Vietnamese courts will not directly divide this property.

In this case, not requiring collateral will significantly reduce time and costs.

Regarding child custody

According to Vietnamese law:

• Children under 36 months old are usually given priority to be cared for directly by the mother, except in special cases.
• Children 5 years old (~36 months):
• The mother still has an advantage if she can prove she can provide better care.

Should I get a divorce in Vietnam or the US?

Divorce in Vietnam – Advantages

• No need to travel to the US
• Much lower cost than hiring a lawyer in the US
• Favorable child custody arrangements (under Vietnamese law)
• Suitable when there are no property disputes in the US

Divorce in the US – Disadvantages

• Very high legal fees
• More complex procedures
• Not convenient if you are living in Vietnam

Consultation conclusion

In this case, divorce in Vietnam is the optimal option because:

• It saves costs and time
• There is no need to handle assets in the US
• It increases the chances of winning child custody.

Key considerations for Divorce procedures with foreign elements

• Documents must be legalized by the consulate.
• Foreign property is governed by the laws of that country.
• Children under 36 months old are prioritized for custody by the mother.

FAQs about divorce with foreign elements (2026 update)

How long does it take to get a divorce from a foreigner?

The resolution time typically ranges from 6 to 9 months, depending on the complexity of the case and whether international judicial assistance is required.

Where to file for divorce with foreign elements in Vietnam?

The case file is usually submitted to the Provincial People’s Court where the litigant resides or works, in accordance with Vietnamese law.

What are the costs of a divorce involving a foreign national?

Costs include:

• Court fees
• Translation and consular legalization fees
• Attorney’s fees (if applicable)

The actual total cost typically ranges from 10,000,000 VND to 60,000,000 VND.

Is it possible to get a divorce in Vietnam if you married abroad?

Yes. However, the marriage certificate needs to be legalized by the consulate and annotated in Vietnam before submitting the application.

How is child custody resolved in divorces with foreign elements?

The court will base its decision on the best interests of the child.

Young children are usually given priority to the mother if she is qualified to care for them.

How are assets held overseas handled during a divorce?

Property that is real estate located abroad will be governed by the laws of the country where the property is situated.

Is it difficult to get a unilateral divorce from a foreigner?

It is more difficult than domestic divorce because:

• Information about the parties abroad must be verified.
• Judicial assistance may be required.

Is it mandatory to go abroad to get a divorce?

No need if you are residing in Vietnam and are eligible to file your case in a Vietnamese court.

Why choose Viet An Law for divorces with foreign elements services?

Divorce involving foreign elements is one of the most complex legal procedures, involving multiple legal systems. Utilizing Viet An Law’s divorce services helps clients save time, reduce risks, and ensure maximum protection of their rights.

Extensive experience in the field of international law

With 19 years of experience in the field of marriage and family law, Viet An Law has successfully handled many divorce cases involving foreign elements, including:

• Divorce between Vietnamese citizens and foreigners
• Divorce when one party is residing abroad
• Divorce involving property disputes or child custody issues

Help customers choose the optimal solution right from the start.

Understanding Vietnamese and international law

Viet An Law Firm assists clients in handling the following issues:

• Conflicts of law between countries
• Consular legalization of documents
• International judicial assistance

This is a key factor in divorce cases involving foreigners.

Save time and money

• Reduce document errors → avoid rejections
• Optimize processes → shorten processing time
• More reasonable costs compared to hiring foreign lawyers

Protecting customers’ best interests to the fullest extent

Viet An Law provides support in:

• Strategic advice on child custody
• Ensuring property rights
• Guidance on handling arising legal situations

Full-service package – support from A to Z

Clients receive comprehensive support:

• Divorce document preparation
• Filing and working with the Court
• Authorized representation (if needed)

Helping clients avoid directly handling complex procedures.

Using Viet An Law’s international divorce service is a safe and effective solution, especially when the case involves international elements.

• Saves time
• Reduces legal risks
• Increases the likelihood of achieving a favorable outcome

Contact us for consultation on resolving divorce disputes

If you are facing difficulties with divorce proceedings involving foreign nationals, contact Viet An Law for detailed advice and prompt assistance.

Receive free consultation – absolute confidentiality guaranteed!