A Practical Guide to International Divorce in Vietnam: A Lawyer Explains Decision-Making, Procedure, and Handling Property Disputes

NEXORA LAWFIRM has handled numerous international divorce cases, and provides comprehensive support covering jurisdiction, procedure, property division, child custody, and securing international recognition of the outcome, for both consensual and contested divorces. In particular, our Vietnamese attorneys are well versed in divorce procedures for Japanese nationals residing in Vietnam and for international marriages between Vietnamese and foreign nationals. For readers interested in topics such as "international divorce procedure in Vietnam," "divorce law involving a foreign national in Vietnam," "property division in Vietnamese divorce," "recognition of Japan–Vietnam divorce judgments," and "legal consultation on ending an international marriage," this article explains practical points based on the latest practice and precedent in an accessible way.

01 - Key Points in Deciding to Divorce

When considering an international divorce, the momentous decision to divorce must be made calmly and carefully, without being swayed by emotion. In practice, however, it is not uncommon for a party to decide to divorce out of a temporary emotional reaction, only to have second thoughts later, or to change their position repeatedly during the process.

Of course, a shift toward improving the marital relationship is to be welcomed. However, repeatedly reversing course between divorce and reconciliation increases the burden of time and cost.

For this reason, as attorneys, we strongly recommend the following.

1.1. What must be done before deciding to divorce
Calmly organize and consider every aspect of the matter, including the marital relationship, the children, and property issues, before making the decision.
Attempt, as far as possible, to have a direct dialogue with your spouse and align both parties' understanding.

✅ Where this proves difficult, involving a third party (such as a lawyer) can also be effective in promoting constructive dialogue while avoiding emotional conflict.

1.2. Making Use of a Third Party (Lawyer, Counselor, etc.)
Where direct discussion is difficult, retaining a lawyer to act as a coordinator can make calm negotiation possible and help avoid unnecessary emotional conflict.
A lawyer can provide not only legal advice but also propose realistic options and solutions.

1.3. Where Family or Friends' Opinions Are Consulted
Where the conflict between spouses stems merely from a misunderstanding or a temporary rift, advice from trusted family members or friends can sometimes serve as an opportunity for reconciliation.
That said, it is important not to place excessive weight on third-party opinions, and ultimately to make the final decision based on one's own will and responsibility.

02 - Choosing Between a Consensual and a Unilateral Divorce

When considering an international divorce, whether to pursue a consensual divorce (mutual agreement) or a unilateral divorce (a petition filed by one party alone) is a very important decision. This section explains the differences between the two and points to note when choosing.

2.1. Reasons to Prioritize a Consensual Divorce

There are various circumstances that can lead to divorce, but reaching agreement between both parties wherever possible (a consensual divorce) is the approach that minimizes emotional and financial burden.

Both the party seeking the divorce and the party being asked to agree to it should confront the issue honestly rather than avoiding it, and discuss the matter calmly.
Where agreement is reached, the procedure also moves quickly and smoothly, avoiding unnecessary disputes and additional costs.

✅ Reaching agreement can also minimize the negative impact on any children, and the emotional harm to the parties themselves.

2.2. Responding When Agreement Is Difficult
Where the other party refuses to engage in discussion, a lawyer can explain the situation and attempt to persuade them.
Third-party (lawyer) involvement can be expected to ease emotional conflict and create an opportunity for a more rational discussion.

✅ In practice, however, some parties will ignore even communications from a lawyer, or become more emotional in response.

2.3. Pursuing a Unilateral Divorce Where Agreement Cannot Be Reached

Where the other party continues to refuse to negotiate, the only remaining option is to proceed with a unilateral (contested) divorce.

By filing a divorce suit with the court and attempting court-led conciliation at the appropriate stage, it remains possible to work toward reaching agreement after all.
In particular, court-led conciliation, conducted within a legal framework, tends to facilitate a calmer discussion.

03 - Handling Property Disputes

In an international divorce, property disputes are one of the principal causes of serious conflict between spouses. In particular, disagreement over the location or management of assets can significantly affect the divorce proceedings themselves.

3.1. The Impact of Property Disputes on the Marital Relationship

In practice, property disputes are very often found to underlie the breakdown of a marriage.
Where a property dispute escalates, there is a heightened risk that the divorce proceedings themselves will become prolonged and more complex.

3.2. Steps to Be Taken by the Party Asserting a Property Claim

A party seeking property division should thoroughly gather evidence at an early stage.

Collect concrete materials and evidence capable of proving the timing of acquisition, the form, the title holder, and the history of increase/decrease of the property.
Prepare to explain the matter calmly and objectively, on the basis of supporting materials, when negotiating with the other party.

3.3. Options Where a Property Dispute Intensifies

Where conflict over property intensifies to the point of threatening the progress of the divorce itself, the following options may be considered.

Filing a separate lawsuit for property division, apart from the divorce proceedings.
By resolving the property dispute independently of the divorce action, it becomes possible to move the divorce proceedings forward more quickly.

✅ Whether to pursue property division as a separate action depends on the specific case, and it is important to formulate the appropriate strategy in consultation with a lawyer.

04 - Responding to Infidelity by the Other Spouse

In an international divorce, a spouse's infidelity is an extremely significant factor as grounds for divorce. Vietnamese law strictly protects the principle of monogamy and provides explicit criminal liability for infidelity.

4.1. The Prohibition on Infidelity Under Vietnamese Law

Article 182 of Vietnam's Penal Code (2015, as amended in 2017) provides as follows regarding the offense of "violation of the monogamy regime."

【Penal Code, Article 182】Offense of Violating the Monogamy Regime

A person who commits any of the following acts may be subject to a caution, non-custodial reform for up to 1 year, or imprisonment of from 3 months to 1 year.

Marrying or cohabiting with another person while already having a spouse
Marrying or cohabiting with a person known to already have a spouse, while oneself unmarried

In addition, the following circumstances trigger criminal liability.

Where the marital relationship breaks down as a result and leads to divorce (Item 1(a))
Where the person has previously been subject to an administrative sanction and commits the violation again (Item 1(b))

✅ The requirement of "causing the relationship to break down, leading to divorce" is satisfied once a court divorce judgment or decision becomes final.

4.2. The Right to Seek Divorce (Under Civil Law)

Article 51 of the 2014 Law on Marriage and Family sets out who is entitled to seek a divorce.

The husband, the wife, or both may seek a divorce
Where one spouse is a victim of mental illness or domestic violence,
that spouse's parents or relatives may also seek a divorce on their behalf
Where the wife is pregnant, has recently given birth, or is raising a child under 12 months old, the husband is prohibited from seeking a divorce

4.3. Responding When Faced with Infidelity

Where a divorce is being considered because of a spouse's infidelity,
it can be effective to explain to the other party, with legal grounds, the unlawfulness and seriousness of the conduct.

Making the other party aware that criminal liability (under Article 182 of the Penal Code) may arise
Gathering evidence as necessary in preparation for the divorce proceedings
Responding calmly and strategically, rather than engaging in emotional conflict

✅ In international divorce cases in particular, since the other party is often residing abroad, it is important to receive careful advice and support from a lawyer in advance.

05 - Divorce Procedure by Default (in the Other Party's Absence)

In international divorce practice, proceeding by default (in the absence of a party) occurs frequently, particularly where one or both parties reside abroad.

5.1. Default Hearings in Consensual Divorce
Where both parties agree to a consensual divorce, both may apply to the court to be excused from appearing (a "hearing in absentia").
Once the application for absence is approved, the court proceeds with the hearing in the parties' absence, based on the documents and evidence submitted.

✅ Using a default hearing can reduce the burden on the parties and enable a quicker resolution.

5.2. Points to Note for Parties Residing Abroad

Where a party resides abroad, notices and documents from the court ordinarily require international judicial assistance (a mutual legal assistance procedure) for service, which risks substantially delaying the proceedings.

To avoid this risk, the following measures are recommended.

Formally granting a power of attorney to a lawyer, so that the lawyer can handle communications with the court on the party's behalf
Having the lawyer receive and respond to documents served by the court can significantly reduce the time and effort involved in the international assistance procedure.

5.3. Legalization of Documents Issued Abroad

The following documents, when prepared or issued abroad,
must undergo consular legalization before being submitted.

A self-declaration (personal statement/affidavit)
A power of attorney (granting authority of representation to a lawyer)

✅ Documents that have not been consularly legalized may not be recognized as admissible evidence by a Vietnamese court, so care must be taken.