Is Divorce with a Foreigner Difficult?

In the context of international integration, marriages between Vietnamese citizens and foreign nationals have become increasingly common. However, not all marriages end happily. When marital life can no longer be maintained, divorce becomes the final solution.

So, how is divorce with a foreigner different from divorce between two Vietnamese citizens? Is divorce with a foreigner difficult? These issues will be explained in the article below.

Pursuant to Article 127 of the Law on Marriage and Family 2014, divorce between a Vietnamese citizen and a foreign national, or between foreigners permanently residing in Vietnam, shall be settled by competent Vietnamese authorities.

Child Custody in Divorce Involving a Foreigner

Who is entitled to child custody under Vietnamese law?

According to Article 81 of the Law on Marriage and Family 2014, after divorce, child custody shall be agreed upon by the spouses. If no agreement can be reached, the Court will consider the following factors:

Financial conditions, living environment, and ability to care for the child;
The wishes of the child (if the child is 7 years old or older);
The age of the child (children under 36 months are generally entrusted to the mother, unless she is unfit to provide care).

If one party is a foreigner, Vietnamese courts will still apply these principles, while also considering residence factors and ensuring the best interests of the child.

If the assets are located abroad, Vietnamese courts may coordinate with competent foreign authorities to verify and divide such assets

If the assets are located abroad, Vietnamese courts may coordinate with competent foreign authorities to verify and divide such assets

Handling unlawful removal of a child abroad

If one party unlawfully takes the child abroad after divorce, the other party has the right to request intervention by competent authorities.
Under the Hague Convention on the Civil Aspects of International Child Abduction, to which Vietnam is a member, unlawful removal of a child may constitute an international violation, and the return of the child to Vietnam may be requested through diplomatic or judicial channels.

The person who unlawfully takes a child abroad may also face criminal liability under Vietnamese law, including offenses related to forcing others to illegally leave or remain abroad.

If a divorce case involves a property dispute in Vietnam, Vietnamese courts shall have jurisdiction to resolve the matter

If a divorce case involves a property dispute in Vietnam, Vietnamese courts shall have jurisdiction to resolve the matter

Child Support Obligations When One Party Resides Abroad

Under Articles 82 and 83 of the Law on Marriage and Family 2014, a parent who does not directly raise the child is still obligated to provide child support.

According to Article 129 of the Law on Marriage and Family 2014, child support obligations involving foreign elements shall be governed by the law of the country where the support claimant resides.
If the claimant does not reside in Vietnam, the applicable law will be that of the country of which the claimant is a citizen, and the competent authority will be the authority of that country.

Division of Property in Divorce with Foreign Elements

How is property determined when one party resides abroad?

Pursuant to Article 59 of the Law on Marriage and Family 2014, marital property shall be divided by agreement or by court decision based on the following principles:

Marital property is generally divided equally, but with consideration of:
- The circumstances of the family and each spouse;
- Each spouse’s contribution to the creation, maintenance, and development of the common property (household labor is regarded as income-generating labor);
- Protection of each party’s legitimate interests in business and profession;
- Faults of each party in violating marital rights and obligations;
- Protection of the best interests of the child.

If the property is located abroad, Vietnamese courts may apply foreign law or coordinate with competent foreign authorities to verify and divide such property.

Land Use Rights and Housing Ownership in Divorce with a Foreigner

According to Article 44 of the Land Law 2024, foreigners are not entitled to own land in Vietnam, but may own residential housing in the form of apartments in commercial housing projects.

Therefore, upon divorce, land-use rights are typically allocated to the Vietnamese spouse, while the foreign spouse receives a corresponding monetary value of their share.

Methods for Resolving Property Disputes

If disputes arise during divorce involving a foreigner, they may be resolved through:

Negotiation and mediation – encouraged to save time and costs;
Settlement by Vietnamese courts – if the property is located in Vietnam;
Settlement by foreign courts – if the property is located abroad, subject to judicial assistance treaties between Vietnam and the relevant country.

Where the disputed property is located in Vietnam, Vietnamese courts shall have jurisdiction.

Conclusion

Divorce involving a foreign national can be complex due to the intersection of Vietnamese law and foreign legal systems. To protect legitimate rights and interests, parties must clearly understand regulations on child custody, child support, property division, and related disputes.

Consulting an experienced lawyer in divorce cases involving foreign elements will help ensure a faster, lawful, and fair resolution.

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