One spouse in Vietnam, the other living abroad — a divorce in this setting cannot follow the ordinary domestic track. The foreign element changes three things: which court has jurisdiction, how documents are served, and how long the case takes. Grasping these three differences from the start saves you from having the file bounced back and forth.
Where to file: the regional People’s Court
Since 1 July 2025 — when Law 85/2025/QH15 (amending the 2015 Civil Procedure Code) took effect — all marriage and family disputes, including those with foreign elements, are heard at first instance by the regional People’s Court. The new Article 35 gives regional courts jurisdiction over marriage and family disputes (Article 28), with no more carve-out for “foreign-element” cases as under the old rules. Specifically: unilateral divorce goes to the regional court of the defendant’s residence or workplace; consensual divorce to the regional court of either party’s residence, under the territorial jurisdiction rules in Article 39.
This is a major change to remember: before 1 July 2025, foreign-element divorces belonged to the provincial People’s Court; now the provincial court only handles appeals, cassation and reopening procedures (new Article 37). Filing at the provincial court by mistake sends the file back down to the regional court, wasting months.
Dossier preparation
Beyond the standard divorce file (divorce petition, original marriage certificate, identity papers, children’s birth certificates, asset documents), a foreign-element file needs: proof the other party is abroad (passport with entry-exit stamps, residence confirmation, foreign residence card); and a specific overseas contact address for service.
All foreign-issued documents must carry consular legalization and certified Vietnamese translation. Petitions and declarations signed by a Vietnamese abroad need signature certification at a Vietnamese diplomatic mission. This paperwork stage usually consumes the most time — start early.
Overseas service: the slowest link
Vietnamese courts cannot serve a summons abroad like domestic mail. Service goes through judicial entrustment under the Civil Procedure Code and the mutual legal assistance treaties Vietnam has signed with that country. Where a treaty exists, things move faster; where not, the file travels the diplomatic route and a single service round can take months.
This is why foreign-element divorces typically run 6-12 months instead of a few months domestically. Petitioners should budget time and money for a long process, and give the court the most accurate overseas address possible to avoid failed service and repetition.
Can the case be tried in absentia
Yes, conditionally. If the party abroad has been duly served yet stays away, the court may try the case in their absence under the Civil Procedure Code. The absent party may also file a request for absentia trial, or authorize a representative in Vietnam to participate — the authorization must be certified at a Vietnamese diplomatic mission abroad.
For consensual divorce with one party abroad: the couple can still complete the procedure if the absent party’s consent is expressed in valid written form with full authorization. Many couples choose this route rather than waiting for a reunion to appear in court together.
Frequently asked questions
My spouse’s overseas address is unknown. Can I still divorce?
Yes, but it is much harder. You must show diligent search efforts (through relatives, diplomatic missions) and ask the court for public-notification procedures. The court tries in absentia only after all statutory service steps are completed.
How long does a unilateral divorce take when the husband is abroad?
Typically 6-12 months, mostly consumed by service through judicial entrustment. If the other side cooperates — accepting documents, requesting absentia trial, or authorizing counsel — it shortens markedly, sometimes to 3-4 months.
What are the court fees for a foreign-element divorce?
First-instance fees for a divorce without asset disputes are VND 300,000 under Resolution 326/2016/UBTVQH14. With asset disputes, fees follow the scheduled scale on the disputed value. Translation, consular legalization, and entrustment costs are borne by the parties.
Is a Vietnamese absentia divorce recognized abroad?
It depends on the law of the other party’s country of residence. Some states recognize Vietnamese absentia divorces where service followed the law; others require separate proceedings. Consult counsel in that country if the decree must be effective in both places.
Support for cross-border divorce
FLAT Law Firm handles the full package when one party is abroad: identifying the competent court, preparing legalized dossiers, tracking the entrustment process, and representing clients at trial. Contact us for a concrete roadmap for your file.
This article has been quality-reviewed by the FLAW AI Legal Council
