Divorce Procedure in Vietnam: Process, Documents, Fees and Timing

Divorce in Vietnam is resolved through the People's Court under the Law on Marriage and Family 2014. The law recognises two main routes: an uncontested divorce, where both spouses agree, and a contested divorce, where one spouse petitions alone. Understanding which route applies to your situation helps you prepare the right documents and set realistic expectations about timing.

The two routes to divorce

In an uncontested divorce, both spouses agree to end the marriage and reach agreement on children and property. The court reviews the agreement and, if it is voluntary and protects the interests of the wife and any children, recognises the divorce. In a contested divorce, one spouse files a petition and the court examines whether the marriage has broken down to the point that its purpose can no longer be achieved.

Documents you will usually need

• The divorce petition or joint request.
• The original marriage certificate.
• Identity documents and household registration of both spouses.
• Birth certificates of any children.
• Documents relating to shared property, where property is to be divided.

Steps and timing

After the petition is accepted, the court notifies the parties, may hold conciliation sessions, and then issues a decision or holds a hearing. An uncontested matter is generally faster because there is less to resolve, while a contested matter can take longer where children, property or a foreign element are involved. Court fees apply and depend on whether property values are in dispute.

Frequently asked questions

Can we divorce without going to court?

No. Even where both spouses agree, a divorce in Vietnam must be recognised by the People's Court.

Which court hears the case?

Domestic divorces are usually heard at the district-level court, while cases involving a foreign element are heard by the provincial court.

How long does a divorce take?

Timing varies with the type of case and its complexity; uncontested cases are typically quicker than contested ones.

How LTV Law helps

LTV Law advises on the appropriate route, prepares your documents and represents you through conciliation and hearings so the process runs smoothly; to discuss your situation, contact our team.

This article is for general information only and does not constitute legal advice.