Couples ending a marriage in Vietnam generally have two options, and which one applies comes down to a single question: whether both spouses agree to the divorce. Vietnam's Law on Marriage and Family (2014) recognises two procedures — divorce by mutual consent and unilateral divorce — and they differ in meaningful ways, from how the case is filed to how long it takes and how much evidence it requires. Vietnamese law generally governs the divorce whether the marriage is between two Vietnamese citizens or between a Vietnamese citizen and a foreign national, but where the Vietnamese spouse does not permanently reside in Vietnam, the divorce is decided under the law of the country where the couple share their permanent residence, and cases with a foreign element follow longer procedural timelines.
Divorce by mutual consent
A divorce by mutual consent is available when both spouses voluntarily agree to end the marriage and submit a joint application asking the Court to recognise it. Even where the couple is in full agreement, the Court's first step is to attempt reconciliation. If that attempt is unsuccessful and both parties still wish to proceed, the Court issues a decision recognising the divorce.
Because neither spouse is contesting the outcome, this route tends to be quicker and more straightforward, and it usually calls for little in the way of supporting evidence.
Unilateral divorce
Unilateral divorce applies when only one spouse wishes to end the marriage while the other either objects or declines to take part in the process. In that situation, the spouse seeking the divorce files a lawsuit, and the Court treats the matter as a contested case before issuing a judgment on whether the divorce should be granted.
Vietnamese law sets out specific grounds for divorce, but in practice the Courts generally grant one where it is clear that the marital relationship has broken down to the point that the spouses can no longer sustain a shared family life.
In practice, the grounds a court will accept tend to fall into a few situations: serious, sustained discord that has defeated the purpose of the marriage; domestic violence or abuse, whether physical, emotional, or psychological; and a serious failure by one spouse to meet their obligations to the other or to the family. The spouse who petitions generally needs evidence to support whichever ground they rely on.
How the two procedures differ
The essential distinction is one of consent. A mutual-consent divorce proceeds on the basis of both spouses' voluntary agreement, whereas a unilateral divorce is resolved as a lawsuit between them. That difference, in turn, shapes much of what follows — the length of the process, the amount of evidence involved, and how adversarial it becomes.
| Mutual consent | Unilateral |
|---|
| Who initiates it | Both spouses, jointly | One spouse |
| Legal form | Application for recognition | Lawsuit (contested case) |
| Evidence | Usually minimal | Often required to support claims |
| Typical timeline | Shorter and simpler | Longer, as a court case |
| Court's first step | Attempts reconciliation | Attempts reconciliation, then adjudicates |
The role of evidence
Because a unilateral divorce is litigated, the parties may be required to substantiate their claims with evidence rather than assertion alone. If, for instance, one spouse alleges that the other has committed adultery, that claim would ordinarily need to be supported by evidence rather than accepted on the strength of a statement.
What else the Court may decide
A divorce judgment often extends beyond the marriage itself. Depending on the circumstances of the case, the court may also decide the arrangements below — the questions that usually carry the greatest weight for the parties and their children, and where consensual and contested divorces diverge most in complexity.
Child custody is decided on the best interests of the child. A child under 36 months is placed with the mother unless she is unable to care for the child or the parents agree otherwise in the child's interest, and the court must consider the wishes of a child aged 7 or older. The parent who does not have day-to-day care is usually ordered to pay child support, set according to the child's needs and that parent's means.
Marital property is divided between the spouses, in principle equally, but with regard to each spouse's contribution (including non-financial contributions such as caring for the home and children), to their circumstances after the divorce, and to each spouse's fault in breaching their marital duties. Property that a spouse owned before the marriage, or received by inheritance or as a personal gift, generally remains that spouse's own.
After the judgment
A decision recognising a mutual-consent divorce, or an agreement the spouses reach at court mediation, takes effect immediately and cannot be appealed. In a contested divorce, a spouse who disagrees with the first-instance judgment, whether on the divorce itself, on custody, on support, or on the division of property, can appeal within 15 days, or within one month for a party living abroad who was not at the hearing. Custody and support are not necessarily fixed for good either: custody can be changed if the parents agree to a change in the child's interest, or if the parent raising the child is no longer able to care for them, and child support can be changed for good reason.
Marriages involving a foreign national
Where a marriage is between a Vietnamese citizen and a foreign national, the procedure can involve additional steps, among them determining which court has jurisdiction and meeting requirements to legalise or apostille, and translate, documents issued abroad. Because these details vary from one case to the next, they are worth clarifying at an early stage.
Choosing between the two
In broad terms, mutual consent is the calmer and faster route where both spouses are willing, while a unilateral filing is the recourse available when one spouse is not — and in a contested case, preparing evidence early can make a material difference. Ultimately, the appropriate procedure, and the likely outcome, turn on the specific facts of each marriage.
Frequently asked questions
How long does a divorce take in Vietnam?
It depends on the procedure. A mutual-consent divorce is generally quicker because both spouses are in agreement, whereas a unilateral divorce is handled as a contested court case and usually takes longer. The precise timeline varies with the circumstances.
Can I divorce if my spouse does not agree?
Yes. Where one spouse does not agree or will not cooperate, the other may pursue a unilateral divorce by filing a lawsuit. The Courts generally grant a divorce where it is clear that the marriage has seriously broken down.
Is evidence required to divorce?
For a mutual-consent divorce, very little is typically needed. For a unilateral divorce, each party may need to provide evidence to support any contested claims, such as an allegation of adultery.
Who decides who gets the children?
The court decides on the best interests of the child. A child under 36 months is placed with the mother unless she is unable to care for the child or the parents agree otherwise in the child's interest, and the court must consider the wishes of a child aged 7 or older. The parent without day-to-day custody is usually ordered to pay child support, based on the child's needs and their means.
This article is general information, not legal advice. Divorce law in Vietnam is applied case by case, and the appropriate approach depends on your particular circumstances. If you are weighing your options, consulting a qualified family-law professional can help you understand your rights and prepare properly.
