Concerns When Divorcing a Foreigner

What are the common concerns when divorcing a foreigner, and how can you minimize risks while protecting your lawful rights?

Common Risks When Divorcing a Foreigner

The Other Party Refuses to Cooperate – How Is This Handled?

One of the most common issues in divorces involving foreign nationals is the lack of cooperation from the other party, such as refusing to sign divorce documents or deliberately evading the divorce process. This often causes the proceedings to become prolonged and complicated.

Possible solutions include:

• Pursuant to Article 56 of the 2014 Law on Marriage and Family, even if one party does not consent to divorce, the court may still grant a unilateral divorce if there is evidence of serious marital conflict and the marital life cannot continue.

• If the other party resides abroad, case files must be sent via the Ministry of Justice or Vietnamese diplomatic missions to ensure lawful service of summons.

• If the other party cannot be contacted, the court may be requested to declare that person missing in accordance with Article 68 of the 2015 Civil Code.

Language and Legal Barriers During the Divorce Process

Differences in language and legal systems constitute a major obstacle in divorces involving foreign elements. In many cases, divorce documents must be translated, notarized, and consularly legalized, resulting in increased time and costs.

Applicable solutions:

• Under Article 478 of the Civil Procedure Code, divorce dossiers involving foreign elements must be translated into Vietnamese and duly notarized. Parties are strongly advised to use professional translation services and lawyers specializing in cross-border divorce to ensure accuracy and completeness.

• The laws of the country where the other party resides should be carefully examined to avoid disputes over child custody and property division.

Being Exploited in Marriage for Immigration Purposes – Can a Complaint Be Filed?

Many individuals are taken advantage of through marriage for purposes such as emigration, acquisition of nationality, or financial gain. Once these objectives are achieved, the other party may evade responsibilities or seek divorce.

Legal remedies include:

• If there is evidence that the marriage was fraudulent or entered into through deception, a request may be filed with the court to declare the marriage invalid under Article 10 of the 2014 Law on Marriage and Family.

• In cases involving fraud, complaints may be lodged with the police authorities under Article 174 of the Criminal Code (fraudulent appropriation of property) or Article 181 of the 2015 Criminal Code (as amended in 2017) concerning forced marriage.

• If property damage occurs after divorce, the affected party may initiate a civil lawsuit seeking compensation under Article 584 of the 2015 Civil Code.

In addition, pursuant to Point d, Clause 2, Article 59 of Decree No. 82/2020/ND-CP (as amended in 2024), a fine ranging from VND 10,000,000 to VND 20,000,000 may be imposed for abusing marriage for the purpose of exit, entry, residence, acquisition of Vietnamese or foreign nationality, enjoyment of state incentives, or other purposes not aimed at building a genuine family.

Divorce involving a foreign national often entails procedural difficulties, legal risks, language barriers, and the potential for marital fraud.

Legal Consultation – How to Minimize Risks and Protect Your Rights

When Should You Seek Legal Assistance?

Divorce involving foreign elements requires in-depth knowledge of both Vietnamese law and international legal principles. Therefore, legal assistance is highly recommended in most cases, especially when:

• The other party does not cooperate or resides abroad;

• There are disputes over property division, child custody, or spousal/child support;

• Notarization and consular legalization of documents are required;

• One party is not proficient in the relevant language or legal procedures.

Professional Divorce Legal Services

Experienced divorce lawyers can assist with:

• Drafting complete and accurate divorce dossiers;

• Representing clients before competent authorities and courts;

• Resolving disputes related to property division and child custody;

• Legalizing and certifying necessary documents.

With extensive legal expertise and years of experience handling divorce cases, the lawyers at LHLegal are confident in providing appropriate solutions to help clients maximize the protection of their lawful rights in divorce-related disputes.

Conclusion

Divorce involving a foreign national carries significant legal risks, ranging from complex procedural requirements and language barriers to the risk of marital fraud. To safeguard your rights and interests, it is essential to understand the applicable laws, carefully prepare your documentation, and consider engaging a qualified lawyer to ensure that the divorce process is conducted efficiently, lawfully, and fairly.

If you are facing difficulties in a divorce involving foreign elements, please contact LHLegal for timely legal advice and professional support.

If you have any questions or need legal advice, please contact us via the following forms:

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