Divorce in Vietnam: Uncontested and Contested Divorce Explained
24/7/2026
Divorce in Vietnam is a matter of civil procedure, and is only finalised once a competent People’s Court has issued a judgment or decision to that effect. For marriages with a foreign element — where one or both spouses are foreign nationals, or where the spouses reside in different countries — the process typically involves additional requirements around jurisdiction, legalisation of foreign documents, and cross-border judicial cooperation.
This article sets out the current legal framework governing divorce in Vietnam under the 2014 Law on Marriage and Family, with particular attention to the distinction between the two procedural routes available, the corresponding process for each, the ancillary legal issues that commonly arise, and the specific considerations that apply where a foreign element is present.
| A note on timing. The timeframes referenced below reflect the statutory periods set out in law. In practice, the time required to resolve a divorce case depends on a range of factors outside the statutory framework — the caseload and hearing schedule of the particular court, the complexity of the matter, whether the case file is complete at the time of filing, the level of cooperation between the parties, and other circumstances that may arise during proceedings. As a result, actual timelines can extend well beyond the statutory periods, sometimes considerably so, and should be assessed on a case-by-case basis rather than assumed from the figures below. |
Two Routes to Divorce Under Vietnamese Law
The 2014 Law on Marriage and Family recognises two distinct procedural routes for terminating a marriage through the courts:
- Uncontested divorce (Article 55): available where both spouses voluntarily agree to divorce and have reached agreement on the related matters.
- Contested divorce (Article 56): available where only one spouse petitions the court for divorce.
Which route applies is not a matter of preference — it is determined by the objective circumstances of the case, namely whether the other spouse consents to the divorce, and whether the parties have already reached agreement on child custody and division of property.
Comparison at a Glance
| Criterion | Uncontested Divorce | Contested Divorce |
|---|---|---|
| Legal basis | Article 55, Law on Marriage and Family 2014 | Article 56, Law on Marriage and Family 2014 |
| Requirements | Both spouses consent; agreement already reached on custody and property (or agreement that the court need not rule on property) | Petition filed by one spouse; the other may not consent or may not cooperate |
| Nature of proceedings | Non-contentious civil matter (no plaintiff/defendant) | Contentious civil case |
| Jurisdiction | District-level People’s Court; provincial-level if a foreign element is involved (From 01/7/2025: Regional Court) | District-level People’s Court; provincial-level if a foreign element is involved (From 01/7/2025: Regional Court) |
| Statutory timeframe | Approximately 1–2 months | Approximately 4–6 months |
| Timeframe in practice | May extend if documentation is incomplete or the court’s docket is heavy | Frequently extends well beyond the statutory period where there are property or custody disputes, or an uncooperative respondent |
| Court fees | Lower, fixed non-contentious matter fee | Divorce fee plus a fee calculated on the value of any disputed property |
Uncontested Divorce
Requirements
An application for recognition of an uncontested divorce will only be accepted by the court where the following conditions are met:
- Both spouses genuinely and voluntarily consent to the divorce, free of coercion or deception;
- The parties have reached agreement on the care, custody and upbringing of any children of the marriage;
- The parties have reached agreement on the division of marital property, or have agreed that the court need not rule on this issue.
Where the spouses agree to divorce but have not reached agreement on property or custody, the matter is no longer purely uncontested in nature. The court may still recognise the divorce itself while adjudicating the outstanding issues under ordinary contentious procedure — a combination that typically extends the overall timeline.
Required Documentation
- Application for recognition of uncontested divorce, in the prescribed form;
- Original marriage certificate;
- Identification documents for both spouses;
- Proof of residence;
- Birth certificates of any children of the marriage;
- Evidence of marital property, where the parties are seeking court recognition of a property settlement.
Procedure
- The application is filed with the competent People’s Court;
- The court accepts the case and issues notice to the parties;
- The court conducts mandatory conciliation, aimed at reconciliation;
- Where conciliation does not result in reconciliation and both parties maintain their request, the court issues a decision recognising the divorce.
The statutory period for resolution is generally 1–2 months from the date the case is accepted. In practice, this period is more likely to be observed where the documentation is complete and both parties are cooperative; requests for additional documents or a congested court calendar will extend the process.
Where a Foreign Element Is Present
- If one spouse resides abroad, that spouse will typically need to grant a valid power of attorney to a representative in Vietnam, or participate through a means accepted by the court (Only matters relating to property may be delegated by power of attorney. Matters concerning child custody or the decision of whether to divorce cannot be delegated);
- Documents issued by foreign authorities must be legalised and accompanied by a certified Vietnamese translation before they can be used before a Vietnamese court;
- Uncontested divorce cases involving a foreign element fall within the jurisdiction of the provincial-level People’s Court.
Contested Divorce
Legal Grounds
Under Article 56, the court will grant a divorce where there is evidence that one spouse has engaged in domestic violence, or has seriously breached the rights and obligations of marriage, to the extent that the marriage has become untenable, cohabitation can no longer continue, and the purpose of the marriage can no longer be achieved. Where a spouse has been declared missing by court order, the other spouse is entitled to petition for divorce on that basis.
Unlike an uncontested divorce, a contested divorce is not simply a matter of one spouse withholding consent — the petitioning spouse must establish the relevant grounds before the court.
Documentation and Proceedings
- Petition for divorce;
- Original marriage certificate, or an official extract where the original is no longer held;
- Identification and residence documents;
- Birth certificates of any children of the marriage;
- Evidence relating to marital property and joint liabilities, where the court is asked to rule on these matters;
- Evidence supporting the grounds for divorce.
Proceedings follow the ordinary civil litigation process: filing of the petition, acceptance by the court, a preparatory phase involving evidence-gathering and mandatory conciliation, first-instance trial, and — if either party appeals — appellate proceedings.
The statutory period for resolution is generally 4–6 months for straightforward matters. In practice, contested divorce is the route most prone to significant delay, commonly for the following reasons:
- An uncooperative or evasive respondent, complicating service of process;
- Disputes over marital property of substantial value or complex structure, including real estate, business interests, or assets held abroad;
- Disputes over child custody;
- The need for judicial assistance requests to a foreign jurisdiction where one spouse resides abroad — a process that frequently takes several months, and in some cases more than a year;
- An appeal to the appellate court.
Accordingly, contested divorce cases involving a foreign element or a property dispute typically take substantially longer than the statutory period would suggest, and should be assessed individually rather than by reference to the statutory timeframe alone.
Court Fees
Court fees comprise a fixed first-instance fee for the divorce petition itself, plus an additional fee calculated on the value of any disputed property.
Ancillary Legal Issues
Child Custody
- Children under 36 months of age are, as a general rule, placed in the mother’s care, unless the mother is unable to provide adequate care or the parties have agreed otherwise in the child’s interest;
- For children aged 7 and above, the court will take the child’s own wishes into account;
- The court considers each parent’s financial circumstances, living arrangements, availability, and overall environment in determining the child’s best interests.
Child Maintenance
The parent who is not granted custody is obliged to provide financial support. The amount is a matter for agreement between the parties; where no agreement is reached, the court will determine the amount by reference to the paying parent’s income and financial capacity, and the child’s reasonable needs.
Division of Marital Property
The general principle is equal division, subject to consideration of:
- The circumstances of the family and of each spouse;
- Each spouse’s contribution to the creation, maintenance and growth of the marital estate, including domestic contributions;
- The legitimate interests of each spouse in their respective business, trade or profession;
- Fault on the part of either spouse in breaching marital rights and obligations, where relevant.
Separate property acquired before the marriage, or received individually by gift or inheritance during the marriage, generally remains the property of the spouse concerned, unless it has been commingled with the marital estate.
Joint Liabilities
Debts incurred for the reasonable needs of the family are generally treated as joint liabilities, and both spouses remain responsible for their respective share following divorce.
Divorce Involving a Foreign Element
Jurisdiction
Divorce proceedings involving a foreign national, or a party residing abroad, fall within the jurisdiction of the provincial-level People’s Court (From 01/7/2025: The Regional Court). Where both spouses are foreign nationals but permanently reside in Vietnam and seek to divorce there, Vietnamese courts will, in many circumstances, still have jurisdiction to accept the case under the applicable rules of civil procedure.
Recognition of Foreign Divorce Judgments
Where a divorce has already been granted by a court in another jurisdiction, and the parties wish for that judgment to be given legal effect in Vietnam, a separate application for recognition must be filed with the competent authority.
Legalisation and Certified Translation
Documents issued by foreign authorities must, before use in Vietnam, be:
- Consular-legalised, or authenticated by Apostille where the issuing country is party to the Hague Apostille Convention and such authentication is recognised under current Vietnamese practice; and
- Accompanied by a certified Vietnamese translation.
This process often adds significant lead time where original documents are held abroad, and is generally best undertaken in parallel with preparation of the domestic case file.
Nationality of Children
The nationality of a child born to parents of different nationalities depends on the parents’ agreement, if any, and the nationality laws of the countries concerned. This is a matter that must be considered by reference to the relevant foreign law on a case-by-case basis.
Frequently Asked Questions
How long does a divorce take in Vietnam? By statute, an uncontested divorce typically takes around 1–2 months, and a contested divorce around 4–6 months. In practice, actual timeframes can extend considerably depending on the complexity of the case, the level of cooperation between the parties, and the workload of the particular court.
Is conciliation before the court mandatory? Yes. Conciliation is a mandatory step in both uncontested and contested divorce proceedings, save for certain statutory exceptions where conciliation is not practicable.
Can a divorce be granted in a party’s absence? In contested proceedings, where the respondent has been duly summoned on multiple occasions and fails to appear without valid reason, the court may proceed to judgment in their absence. In uncontested proceedings, both parties are generally expected to appear in person.
What if the whereabouts of a spouse cannot be determined? The petitioning party may request that the court carry out a formal search notice procedure for a party whose residence cannot be determined, in accordance with the rules of civil procedure. This process typically adds significant time to the overall resolution of the case.
What are the likely costs involved? The base court fee for the divorce itself is relatively low and fixed. Costs increase materially where there is a property dispute (the fee being calculated as a percentage of the disputed value), or where translation, legalisation, or judicial assistance requests are required in cases involving a foreign element.
Cases That Typically Involve Greater Legal Complexity
Not every divorce case presents the same level of procedural or evidentiary complexity. Based on the practical handling of such matters, the following categories of cases generally require a higher degree of preparation, evidence and legal understanding:
- Disputes involving marital property of substantial value or complex structure, including real estate, business equity interests, or assets held in multiple jurisdictions;
- Custody disputes where both parents seek to be granted primary care;
- Cases with a foreign element, including where one spouse resides abroad, where judicial assistance requests are required, or where recognition of a foreign divorce judgment is sought in Vietnam;
- Cases where the other spouse is uncooperative, evasive, or otherwise seeks to delay proceedings;
- Matters touching on nationality, residence status, or other legal issues arising from the termination of a marriage with a foreign element.
In each of these categories, early and thorough preparation of documentation and evidence is of particular importance in protecting the legal interests of the parties concerned throughout the proceedings.
Conclusion
Uncontested and contested divorce are procedurally distinct mechanisms: one grounded in mutual consent and prior agreement between the parties, the other in the burden of proof and contentious litigation. Identifying the correct procedural route from the outset, preparing a complete case file, and understanding the gap that often exists between statutory timeframes and actual resolution times are all material considerations for parties navigating divorce proceedings in Vietnam — particularly where a foreign element is involved.
This article provides general legal information based on the 2014 Law on Marriage and Family and does not constitute legal advice applicable to any specific matter. The application of the law may vary depending on the particular facts of each case.
Đạt Nguyễn (Tony)
Marriage Law
FREE LEGAL CONSULTATION
Email: admin@fareast-legal.com
Phone: 0981 414 721
232 Nguyen Luong Bang, Tan My Ward, HCMC, Vietnam
