Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Divorce and Separation laws in Vietnam, including in its largest city Ho Chi Minh City, are regulated under the Marriage and Family Law of 2014. This law governs both domestic divorce cases and cases involving foreign elements. It recognises both mutual consent divorce, where both parties agree to the divorce, as well as contested divorce, where there may be disagreements over the division of property, child custody, or alimony.
Although it’s possible to navigate the divorce process without legal representation, the complexity of Vietnamese family law can make this challenging. Obtaining legal help becomes paramount when there are marital assets to be divided, custody of children to be decided, or if one party is a foreigner or resides abroad. In such instances, a lawyer can offer expertise in negotiating fair settlements, ensuring proper procedures are followed and protecting your legal rights.
Under Vietnamese law, separate property and joint property are recognized. Separate property includes assets owned by either spouse before marriage or inherited or gifted to one spouse during marriage and remains with the original owner post-divorce. Joint property includes assets acquired during the marriage and is typically divided equally between both parties. In cases involving children, the court tends to favour the mother, especially for young children or children with special needs. However, there is a growing recognition of shared custody arrangements. A divorced woman must wait at least 300 days before remarrying unless she gives birth or re-establishes marrital relations with her former husband.
The primary ground for divorce in Vietnam is that the marriage has irretrievably broken down and there is no potential for reconciliation. This could be due to disagreements, conflicts, infidelity, or any other reasons that undermine the couple's marital life.
The divorce process begins with the submission of a request to the local People's Court. If the divorce is uncontested, the process is relatively straightforward. However, if it's contested, both parties will need to attend trial proceedings.
The custody of the children is decided based on the best interests of the child. As a general rule, children under 36 months are more likely to be ruled in the mother's custody.
assets acquired during the marriage are typically considered joint property and are generally divided equally. However, tangible or intangible assets owned by either spouse before marriage or inherited or gifted to either spouse during the marriage remains with the owner.
No, foreigners are treated fairly in divorce proceedings. However, complexities may arise due to identification, location, or if children are involved. In such cases, it's advisable to seek a lawyer's help.
The Ministry of Justice of Vietnam provides helpful legal guides and codes. Besides, The Women's Union and the Department of Justice in Ho Chi Minh City offer help and advice in family law issues. Various legal aid agencies provide free or low-cost advice and legal services, that can be useful for individuals unable to hire a lawyer.
If you need legal assistance, it is advisable to seek counsel from a lawyer specialising in family law. Start by compiling all relevant legal documents related to your marriage, assets, and children. Having a clear understanding of your legal objectives will be instrumental in guiding the lawyer towards the most optimal legal strategy.
