Divorce Cases Between Vietnamese Citizens and Foreigners in Vietnam’s Courts: Legal Practices and Challenges

In an era of increasing globalization, marriages between Vietnamese citizens and foreign nationals have become more common. However, alongside this trend, legal disputes, particularly divorce cases between Vietnamese and foreigners, are also on the rise. These cases often pose unique legal, procedural, and cultural challenges that require careful navigation through Vietnam’s legal system. If you need advice and support, you can contact Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline - 0903.419.479.

1. Procedures for Divorce Between a Vietnamese and a Foreigner

The divorce process in Vietnam generally includes the following steps:

a. Filing the Petition

The divorce petition must be submitted to a People’s Court with proper jurisdiction. This includes:

• Personal information of both parties
• Marriage certificate
• Proof of residence or last known address of the foreign spouse
• Details of children (if any) and property to be divided

b. Jurisdiction Determination

Determining whether a Vietnamese court has jurisdiction is a critical step. Courts in Vietnam will usually accept the case if one party is a Vietnamese citizen residing in Vietnam. However, if the foreign spouse is abroad and uncooperative, the process becomes more complex, often requiring judicial entrustment or public notice.

c. Court Proceedings

Once accepted, the case will proceed through the Vietnamese court system. If the foreign spouse cannot attend or refuses to cooperate, the court may still proceed with the case in absentia under certain conditions.

Divorce Cases Between Vietnamese Citizens and Foreigners in Vietnam’s Courts: Legal Practices and Challenges

2. Challenges in Practice

a. Absence of the Foreign Spouse

Many divorce petitions involve cases where the foreign spouse has left Vietnam and cannot be contacted. This results in delays due to:

• Difficulties in serving court documents internationally
• Requirement for judicial entrustment through diplomatic channels
• Extended time frames due to non-cooperation

b. Language and Legal System Differences

Foreign spouses often do not understand Vietnamese law or legal processes. Miscommunication and misunderstandings can complicate proceedings, especially when interpreting marriage contracts, foreign documents, or court notices.

Divorce Cases Between Vietnamese Citizens and Foreigners in Vietnam’s Courts: Legal Practices and Challenges

c. Enforcement of Judgments

Even after a successful divorce judgment, enforcement—especially for child support, alimony, or division of foreign-based property - remains difficult if the foreign spouse resides in a country with no legal cooperation agreement with Vietnam.

3. Divorce cases involving one Vietnamese spouse and one foreign spouse are legally complex and often involve multiple jurisdictions, languages, and legal systems.

At Apolo Lawyers, we are committed to protecting the legal rights and interests of our clients throughout every stage of the divorce process involving foreign elements.

Here is how Apolo Lawyers supports clients in these cases:

a. Comprehensive Legal Consultation and Strategic Planning

b. Document Preparation and Legal Filing

c. Legal Representation in Court Proceedings

d. Handling Cross-Border Legal Issues

e. Post-Divorce Legal Support

With a team of experienced lawyers in the field of divorce, Apolo Lawyers Law Firm provides effective and regulated solutions for clients in handling divorce issues. Besides, Apolo Lawyers Law Firm also provides full service with reasonable cost for customers.

View more: How to get a divorce when a spouse lives in another country?

View more: How many times do you need to go to court for a unilateral divorce?