Divorce in Vietnam (2024)

    Hi everyone, me (American) and my wife ( Vietnamese) want to divorce in VN. Neither of us have kids, assets or properties to dispute over. I reached out to a few lawyers online. I was quoted 4000 dollars on average and they recommended an unilateral divorce.Additional information: I hired a lawyer in the US 2 years ago and still current and has mailed several letters to my wife and because of the Hague convention, I'm not allowed to give her the document directly.At this point, I'm not sure what to do and looking for advice from other members that gone through with the divorce process in Vietnam.        -@Randomguy2040

Though I've no direct experience in this sort of matter, I have been witness to divorce proceedings involving VN citizens and foreigners who married in Vietnam. This is what I've observed.

If the intention to divorce is reciprocal, and provided your estranged partner is cooperative, there is no need for a lawyer. The VN court clerks get all nervous and jerky when they find out a foreigner is involved, preferring to shuffle you off to a lawyer, but legal representation is not required by law. You'll no doubt have to be persistent to push this through.

Take a look at one of our "Sticky" threads, titled "Vietnamese Family Law Act".

Click the link in the first post, which will open an English translation of

"VIETNAM MARRIAGE AND FAMILY LAW 2014".

Scroll down to 

Chapter IV

TERMINATION OF MARRIAGE

There's more in the legislation, further up and down the page. Do a search for "foreign" for additional sections which might affect you.

Welcome to the Vietnam forum. Sorry your first post was with regard to such an unpleasant subject.

Hope everything works out well for you.

@Aidan in HCMC

Thanks for the resource, Aiden. I appreciate it. I hope the other members could pitch in their personal experiences as well

I recognize that the best answer will come from a lawyer - however, wondering if anybody has any anecdotal stories or experience:

Is it better to get divorced in the USA or Vietnam if you were married in the USA and have kids/assets?  The question would be - are you more likely to get favorable/equal treatment in one country or another?   For instance, if you wanted a better chance at lower monthly payments, etc. 

@Randomguy2040 please let me ask:  In which country did you celebrated you marriage? USA, Vietnam, or where?

In case of Vietnam like some other countries, any of the spouses can request the Court to settle the divorce after 12 months separated. But always the Mediation is mandatory (except when a person has disappeared for two consecutive years).....  The process could be as fast as 3 months or more depending of the will of the parties. With your passport showing your exits from Vietnam you can demonstrate both of you were separated, if not, you will need some witnesses.

Think about this: You are showing us your wife is not  interested in getting divorced, and because of that: you must chose a legal representative  and send to him a power of attorney and copies of your entire passport(s) with your migratory movements from Vietnam (everything notarized and stamped by the Embassy of Vietnam in the country you are)  in order to in your behalf goes to the Court, complete the dossier with the forms, copy of Marriage Certificate, proof of no children nor assets, witness, proof exwife-support is not needed, etc, etc, to represent  you during mediation and audiences (if any) and finally present the Divorce Resolution to the Civil Registry authority at the end.....   oh man! k-chin k-ching