According to Vietnamese law, foreigners divorce between a Vietnamese national and a foreigner or between two foreigners permanently residing in Vietnam is settled in accordance with the Law on Marriage and Family.

Both parties have the right to request a court to settle their divorce. However, a husband has no right to request a divorce when his wife is pregnant, gives birth or is nursing an under-12-month child.

For the Vietnam divorce application, the dossier is including:

• Divorce Petition Form;
• A divorce application (stating an agreement between two partners on common property and children or request for court settlement) (if any);
• Marriage certificate;
• Birth certificate of your children (if any);
• Documents of asset ownership (if any);
• Copy of Identify card/ Passport, permanent residence book of the two parties;
• Application of the foreign party to be absent in the whole process of divorce settlement in Vietnam, has been consular legalised (if any).

Note: Papers and documents in foreign languages which must be requested for consular certification and legalization

If the two parties register their marriage according to foreign law and get a divorce in Vietnam, they must have their marriage registration consular legalised and finish the procedures of noting on the registration book at the Department of Justice before applying for the divorce. In case the parties cannot conduct noting but still want a divorce, then the divorce application must clearly note the reason why they cannot.

The trial preparation time is four to six months from the date of case acceptance. And trial open duration is one or two months from the date of the decision to bring the case to trial. However, the resolution also depends on the cooperation of the parties and the content of the dispute.

With experiences and knowledge in the divorce Law in Vietnam, Apolo Lawyers believes that we are the trust address to help clients overcome such dark time in their life.

QUYNH LE