Scenario: Thao (Vietnamese) discovers that her French husband was still married in France when they registered their marriage in Vietnam — the earlier marriage had never been divorced. Thao wants to end this relationship but does not know whether to “divorce” or seek “annulment”, how the two procedures differ, and how common property and their child will be handled.
Legal basis: how annulment differs from divorce
The Law on Marriage and Family 52/2014/QH14 (in force as of 19/10/2026) distinguishes two institutions. Divorce (Articles 51–63) ends a lawful marriage. Annulment of an unlawful marriage (Article 11) applies where the marriage violated the Article 8 marriage conditions — never lawful from the start, the court annuls it to erase its effect.
Article 8 sets marriage conditions: minimum ages (men 20, women 18), voluntary consent, and no prohibited case — including marrying while already married. Thao’s husband had a wife in France when marrying Thao, so the Vietnamese marriage violated Article 8 and is subject to annulment under Article 11. Entitled requesters include the coerced or deceived party, the existing spouse, and prescribed agencies and individuals.
Legal consequences after the court grants annulment
Article 12 of the Law on Marriage and Family governs the consequences of annulling an unlawful marriage, with a consistent principle: the interests of common children and the good-faith party are prioritised. Specifically:
- Personal relations: the parties are no longer spouses; but parent–child relations for common children are settled as in divorce — custody and child support are decided in the child’s best interests.
- Property relations: separate property returns to each party; common property is divided considering each party’s contributions, protecting the good-faith party’s legitimate interests — Thao, who did not know of the existing marriage, is favoured in the division.
- Obligations to third parties: civil transactions the parties entered into with good-faith third parties during cohabitation remain effective as prescribed by law — annulment cannot be used to evade obligations to good-faith creditors.
Core difference from divorce: divorce divides property of a marriage that lawfully existed; annulment establishes no lawful relationship ever existed, so the division is “remedial” and the at-fault party is disadvantaged.
Checklist upon discovering an Article 8 violation
- Gather evidence of the violation: the husband’s foreign marriage certificate, proof the earlier divorce never took effect, or documents proving a prohibited consanguineous relationship (as applicable).
- Petition the competent People’s Court to annul the unlawful marriage (not a divorce petition) — stating the Article 8 violation clearly.
- Simultaneously ask the court to settle: custody of common children, child support, and property division — identifying yourself as the good-faith party for protection in the division.
- Where deception is involved (the husband hid his existing marriage), consider reporting the administrative/criminal violation in parallel — it does not affect the annulment procedure.
- After the annulment judgment takes effect, adjust the civil registry (removing the unlawful marriage registration) and register asset changes per the court’s ruling.
Frequently asked questions
1. How does annulment differ from divorce?
Divorce ends a lawful marriage; annulment (Article 11) erases a marriage that from the start violated Article 8 conditions (e.g., bigamy). Procedures, grounds and division differ.
2. Who may request annulment of an unlawful marriage?
The coerced or deceived party, the existing spouse, parents, children and other prescribed agencies, organisations and individuals.
3. After annulment, who raises the common children?
The court decides custody and support in the child’s best interests, as in divorce — annulment does not extinguish parental rights over common children.
4. How is common property divided after annulment?
Under Article 12: separate property returns to each party; common property is divided considering contributions and prioritising the good-faith party (who did not know the marriage was unlawful). The at-fault party is disadvantaged.
5. Must civil-status papers be redone after annulment?
Yes. After the annulment judgment takes effect, the parties adjust the civil registry to remove the unlawful marriage registration, and register asset changes per the court’s ruling.
This article has been quality-reviewed by the FLAW AI Legal Council