Filing a divorce petition is the formal first step that begins a divorce and division of assets case in Vietnam. Getting it right matters: an incomplete filing, submitted to the wrong court, or missing a required document, can delay a case by weeks before it is even accepted for review. This guide sets out what the document needs to contain, where it should be filed, what it costs, and how the requirements differ depending on whether the divorce is by mutual consent, unilateral, or involves a foreign spouse.
Mutual Consent vs. Unilateral Divorce in Vietnam
Before preparing this document, it helps to be clear on which type of divorce applies, since the filing itself, the court fee, and the procedure that follows all depend on it.
A divorce by mutual consent applies when both spouses agree to end the marriage and have reached agreement on the related matters, including property division and the custody and care of any children. This is treated as a civil matter, generally proceeds more efficiently, and both spouses jointly submit a single application.
A unilateral divorce applies when one spouse wishes to divorce and the other does not consent, or where agreement cannot be reached on the terms. This is treated as a civil dispute rather than a civil matter, and the spouse bringing the case must demonstrate valid grounds, such as domestic violence, a serious and ongoing breach of marital obligations that has made shared life impossible, or circumstances such as a spouse’s prolonged mental incapacity. The court will first attempt mediation; if mediation fails, the case proceeds to a contested hearing. (Not every situation qualifies: see circumstances where unilateral divorce is not allowed for cases where the grounds will not be accepted.) One restriction worth noting: a husband cannot file for divorce while his wife is pregnant, has recently given birth, or is raising a child under 12 months old, a protection confirmed by the Supreme Court’s Resolution 01/2024 regardless of the child’s parentage or who is raising the child.
In short, mutual consent divorce applies when both spouses agree to divorce and on related matters such as property and custody, while unilateral divorce applies when one spouse seeks it without the other’s consent and must support the request with valid legal grounds. This distinction is not a technicality. It determines which court has jurisdiction, what must be demonstrated, and how the court fee is calculated.
Where to File a Divorce Petition in Vietnam
Jurisdiction in Vietnam follows the place of residence of the relevant party, but which party depends on the type of divorce.
For a divorce by mutual consent, the application may be filed with the district-level People’s Court where either spouse resides, by agreement between the spouses.
For a unilateral divorce, it must be filed with the district-level People’s Court where the responding spouse (the one who has not initiated the divorce) resides and works.
Where the case involves a foreign element, meaning one spouse is a foreign national, the couple resides overseas, or there are assets located outside Vietnam, jurisdiction shifts upward to the provincial-level People’s Court rather than the district-level court. This is a frequent point of confusion for expatriate couples and mixed-nationality marriages, and filing at the wrong level of court will result in the application being rejected or transferred, adding delay. (See divorce involving foreign elements for a closer look at how these cases proceed.)
The document can generally be submitted in person, by post, or through the court’s online filing system, depending on the specific court’s procedures.
What the Divorce Petition Must Include
A divorce petition is a formal document, and Vietnamese courts expect specific information to be included for it to be accepted. At minimum, it should set out:
- Full names, dates of birth, identification or passport numbers, and current addresses of both spouses
- The date and location of marriage registration
- A clear statement of the current living situation: whether the spouses are still living together, separated, and if separated, since when
- A description of the marital relationship and, for a unilateral filing, the specific grounds relied upon for the divorce
- Details of any children from the marriage, including full names and dates of birth, along with the requested arrangement for custody, care, and education, or a statement that there are no children if applicable
- A statement on community property and any community debts, including a proposed division if applicable
- A list of supporting documents and evidence attached to the filing
For a mutual consent application, both spouses sign jointly and the document should reflect their shared agreement on the above matters. For a unilateral filing, the petitioning spouse signs alone, and it should be supported by evidence corroborating the stated grounds, since the court will scrutinize this more closely in the absence of the other spouse’s consent.
What Documents Are Required
Alongside this filing, courts typically require:
- The original marriage certificate
- Certified copies of identification documents (ID card, Citizen ID, or passport) for both spouses
- Proof of residence, such as household registration or a temporary residence certificate
- Birth certificates of any children from the marriage
- Documentation of community property, such as land use right certificates, house ownership certificates, or other relevant titles, where property division is requested
- Any evidence supporting the grounds for divorce in a unilateral case
Foreign-element cases generally require additional documentation, including certified translations of foreign documents and, in some cases, legalization or consular authentication, so it is worth confirming the specific requirements with the relevant court in advance rather than assuming domestic requirements will apply unchanged.
How Much Does It Cost to File a Divorce Petition
Court fees in Vietnam are modest relative to the stakes involved, but they differ by divorce type and by whether property is in dispute. The framework is set out in Resolution 326/2016/UBTVQH14 on court costs and fees.
For a mutual consent divorce, the advance court fee is set at 300,000 VND, with each spouse generally bearing half unless they agree otherwise.
For a unilateral divorce with no property dispute, or a property dispute with no determinable monetary value, the spouse bringing the case generally pays an advance court fee of 300,000 VND.
Where a unilateral divorce involves a property dispute with a determinable value, the advance fee is calculated as a percentage of the disputed property’s value, in addition to the base fee, and will vary by case.
These figures reflect the framework under current civil procedure and family law regulation. Fee schedules are periodically updated, so the exact amount should be confirmed at the time of filing rather than assumed from prior years.
What Happens After the Petition Is Filed
Once an application is submitted with the required documents, the court will review it for completeness. If accepted, the filing party will be notified to pay the advance court fee, after which the case is formally registered and proceedings begin.
For both mutual consent and unilateral cases, Vietnamese courts generally require an attempt at mediation before the case proceeds further. In mutual consent cases, this mediation typically confirms and formalizes the spouses’ existing agreement. In unilateral cases, mediation is treated as a genuine attempt at reconciliation or settlement; if it fails, the matter proceeds toward a contested hearing. For a broader look at the stages that follow, see key aspects of the divorce procedure in Vietnam.
Filing a Divorce Petition as a Foreign National or Mixed-Nationality Couple
Mixed-nationality marriages, marriages where one spouse resides overseas, or cases involving property in another jurisdiction introduce additional complexity beyond the higher court level mentioned earlier. As noted, these cases are filed at the provincial-level People’s Court rather than the district level, and they often call for additional documentation such as certified translations or consular authentication of foreign documents. Service of court documents on a spouse residing abroad, recognition of a Vietnamese divorce judgment in another country, and the treatment of overseas assets all require careful handling from the outset, since errors at the filing stage can be difficult or costly to correct later in the process.
How Our Family Lawyers Can Help
Preparing this filing correctly the first time avoids delays that can extend an already difficult process. Our family lawyers assist clients with determining the correct court and jurisdiction, preparing the application and supporting documentation, and, where relevant, managing the additional requirements that arise in foreign-element cases. Whether the matter is proceeding by mutual consent or is contested, we work to ensure the filing reflects the client’s position clearly and is submitted in a way that minimizes avoidable delay. If you are preparing to file for divorce in Vietnam and want to discuss your situation before submitting, speak with our family lawyers at [email protected].
