Can I get divorced in Vietnam if I was married in another country?

Yes. Vietnamese courts have jurisdiction over divorces involving a Vietnamese citizen, or where both spouses (even if both foreign) are habitually resident in Vietnam. The marriage does not need to have been registered in Vietnam — but it must be a marriage that Vietnamese law recognises (one man and one woman, validly entered into under the law of the place of celebration). For couples married abroad, the foreign marriage certificate is filed as evidence of the marriage to be dissolved.

Will Vietnamese law or my home country's law apply?

Vietnamese law typically applies to divorce filed in Vietnam. However, the law of the country of nationality may apply to specific issues such as personal capacity to marry or divorce. For property and custody, Vietnamese courts most often apply Vietnamese law to assets and children located in Vietnam, while assets and arrangements abroad may be enforced through coordinating proceedings in the relevant jurisdictions. We map this clearly in the initial assessment.

How is property divided in a Vietnamese divorce?

The default property regime is community property — assets acquired during the marriage are jointly owned and divided equitably (not necessarily 50/50) on divorce. The court considers each spouse's contributions (financial and otherwise), the welfare of any children, the parties' agreement, and any fault. Pre-marriage assets remain separate unless they were converted into joint property during the marriage. Prenuptial agreements modify this default if validly executed under Article 28 of the Law on Marriage and Family.

How is custody decided?

Vietnamese courts apply the "best interests of the child" standard. Both parents have equal standing regardless of nationality. The court considers each parent's ability to care for the child, the child's wishes (for children aged seven and above), continuity of school and home, and the willingness of each parent to support the child's relationship with the other. Joint custody arrangements are increasingly common and often the right outcome for international families.

Are prenuptial agreements enforceable in Vietnam?

Yes, since 2014. Article 28 of the Law on Marriage and Family expressly recognises prenuptial agreements (and post-nuptial agreements) on property regime. To be valid, the agreement must be in writing, notarised before marriage, and not violate prohibited terms (such as agreements to pre-divide the right to custody of unborn children). I draft these regularly for international couples and review existing foreign agreements for Vietnamese enforceability.

How long does a divorce take in Vietnam?

Consensual divorces typically resolve in 3-6 months from filing. Contested divorces involving custody, foreign elements, or significant property disputes typically take 9-18 months at first instance, with possible appeal adding another 4-6 months. The pace depends as much on the parties' willingness to mediate as on the court — and skilled negotiation often delivers a binding settlement well before any contested trial.

Practice Area · Family Law

Family Law & Divorce

International divorce, child custody, prenuptial agreements, and cross-border family matters — handled with the discretion, cultural fluency, and clarity that the most personal moments of a foreign client's life require.

The Challenge

What Foreign Clients Face

PAIN POINT 01

Two countries, one family

Decisions about children, finances, and ongoing contact need to work across borders — without one country's order undermining the other or putting the child in jurisdictional limbo.

PAIN POINT 02

Emotional moments, formal procedure

Vietnamese divorce procedure can feel slow and bureaucratic when the personal stakes are high. Knowing what every step really means, and what it doesn't, removes much of the anxiety.

PAIN POINT 03

Assets in multiple jurisdictions

Bank accounts in Singapore, real estate in Hanoi, retirement funds in the US — each requires its own analysis to divide cleanly and enforce reliably under Vietnamese law.

About this practice

Family Law & Divorce in Vietnam

Family law matters touching foreign nationals are among the most procedurally complex and emotionally weighted cases in Vietnamese practice. A divorce between a Vietnamese spouse and a foreign national raises questions of jurisdiction, applicable law, recognition of foreign marriages, division of property held in multiple countries, and — most consequentially — the welfare of children who may have ties to two or more legal systems.

I represent foreign clients in international divorces, custody disputes, prenuptial and post-nuptial agreements, cross-border inheritance, and the full range of family-law matters arising from a life lived between Vietnam and elsewhere. My practice handles both contested and uncontested matters, from straightforward consensual separations to high-stakes custody and asset cases that span multiple jurisdictions.

What separates a family-law matter from any other kind of legal work is the client's emotional investment. The legal analysis is one part; the human stakes are another. My approach is to handle the legal work with full technical rigour while ensuring the client always understands what is happening and why, and that decisions of significance are made with clear mind and proper counsel.

Why it matters

Why expert local counsel matters here

A divorce filed in Vietnam between an international couple is governed primarily by Vietnamese law — but the consequences travel with the parties wherever they go. Custody arrangements need to function in the day-to-day reality of one parent in Vietnam and the other abroad. Property division must address assets that may sit in three or four jurisdictions. Child support that is straightforward to enforce in Vietnam may need separate enforcement proceedings overseas. Each of these is a problem that can be solved — but only with planning.

The law itself, the 2014 Law on Marriage and Family, is reasonably modern and protective of family welfare. Vietnamese courts apply a "best interests of the child" standard that will be familiar to most common-law clients. Property division is generally equitable rather than strictly equal, and the court has wide discretion to consider contributions, fault, and the welfare of any children. But the procedure can feel formal and slow to clients accustomed to faster-moving systems, and translation, document authentication, and consular liaison add layers that domestic Vietnamese cases never see.

Equally, prenuptial and post-nuptial agreements are now recognised under Vietnamese law and are an increasingly important tool for international couples. A well-drafted prenuptial agreement can preserve assets brought into the marriage from each side, define what happens to assets held in each country, and reduce the scope and stakes of any future dispute. I draft these agreements regularly for couples planning to live in Vietnam and for those who already do.

Key Vietnamese Laws

Law on Marriage and Family 2014 (Law 52/2014/QH13): Foundational statute on marriage, divorce, child custody, property regime, and prenuptial agreements — including specific chapters on marriages with foreign elements.
Civil Code 2015 — succession provisions: Inheritance and succession rules, including procedures for cross-border inheritance involving foreign nationals.
Civil Procedure Code 2015 — family chapters: Procedural rules for divorce filings, custody hearings, and the special procedures for divorces with foreign elements (Articles 466 and following).
Decree 126/2014 on Marriage and Family: Implementing regulations covering property regime, prenuptial agreements, and the practical mechanics of international family-law procedures.
Hague Convention on Child Abduction (1980): Vietnam is not a signatory; cross-border custody disputes therefore require careful jurisdictional analysis and often dual-track proceedings in both countries.

Who I Help

Built for International Clients

My practice is structured around the specific needs of clients who are new to — or unfamiliar with — Vietnam's legal system.

International Couples Divorcing in Vietnam

Foreign-Vietnamese couples and foreign-foreign couples resident in Vietnam, navigating jurisdictional choices, custody, property division, and post-divorce coordination.

Contested and consensual divorce filings
Child custody and visitation arrangements
Property division across multiple countries
Post-divorce modification and enforcement

Couples Planning Their Marriage

Couples preparing to marry in Vietnam or abroad, drafting prenuptial agreements, understanding property regime choices, and planning estate matters.

Prenuptial and post-nuptial agreements
Property regime selection
Cross-border estate planning
Recognition of foreign marriages in Vietnam

Foreign Heirs and Estates

Foreign nationals inheriting from a deceased relative in Vietnam, or Vietnamese-resident foreigners planning their own estates with cross-border assets.

Cross-border inheritance proceedings
Recognition of foreign wills
Asset transfer and remittance abroad
Estate planning for international families

Detailed Services

What I Handle in This Practice Area

Divorce and separation

Where both spouses agree on divorce, custody, and property: a streamlined filing at the competent People's Court, typically resolved in 3-6 months. I draft the joint petition and supporting agreements.

Custody and children

Marriage planning and inheritance

How We Work

A Clear Process from Day One

No surprises, no hidden steps. Here's exactly what happens after you reach out.

Confidential consultation

Initial conversation to understand the family situation, urgency, and legal options. Followed by a written assessment within one week.

1 week

Strategy & filing

Choice of forum, preparation of pleadings, and filing. For consensual matters, this includes drafting the joint petition and settlement agreement.

2-6 weeks

Mediation & hearings

Court-annexed mediation, evidentiary hearings if required, and any necessary expert evidence (asset valuation, child welfare assessments).

3-12 months

Judgment & implementation

Final judgment, registration of changes (LURC transfers, custody arrangements, school changes), and any cross-border coordination required.

1-6 months

Featured Case

Family LawAustralia

International Divorce: Australian National and Vietnamese Spouse

Outcome

“Court-approved consent arrangement: shared custody with the child primarily residing in Vietnam, generous visitation for the Australian parent, and equitable property division. The arrangement has worked well for both parties for several years.”

Read Full Case Study

Common Questions

Frequently Asked Questions

Related Insights

For Expats14 min

Getting Divorced in Vietnam as a Foreigner: Complete Guide

A practical step-by-step guide to international divorce in Vietnam — jurisdiction, custody, property division, and what foreign clients can realistically expect.

Read Article

Get in Touch

Family Matters in Vietnam Need a Steady Hand

Divorce, custody, prenuptial planning, or inheritance — handled with discretion, technical rigour, and clear English communication. Reach out for a confidential consultation.

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Office Hours: Mon-Fri, 8:30 AM - 6:00 PM (GMT+7, Indochina Time)

Family Law & Divorce in Vietnam