HOW TO MARRY AND DIVORCE PEACEFULLY IN VIETNAM (INTERNATIONAL MARRIAGE)

HOW TO MARRY AND DIVORCE PEACEFULLY IN VIETNAM

International Marriage – Prenuptial Agreements – Custody – Legal Risks

In recent years, international marriages in Vietnam have increased significantly.
However, a successful marriage is not only about love — it also requires legal awareness, financial clarity, and mutual understanding.

This guide helps foreigners understand how to marry legally, protect their assets, and handle divorce peacefully in Vietnam, while avoiding unnecessary disputes and legal risks.

CONTENTS

1. How to register an international marriage in Vietnam
2. Why a Prenuptial Agreement is strongly recommended
3. Cultural insights for building a happy family with Vietnamese women
4. Divorce procedures, child custody, and asset division
5. Legal risks related to extramarital relationships

1. HOW TO REGISTER AN INTERNATIONAL MARRIAGE IN VIETNAM

1.1 Marriage Registration Procedure

Registering a marriage in Vietnam is relatively simple and can be done at the People’s Committee where either party resides.

Required Documents

For the foreign spouse:

1. Passport
2. Certificate of Single Status (notarized in the home country)
3. Health Check Certificate
4. Residence Card in Vietnam (if any)
5. Other documents if required by authorities

For the Vietnamese spouse:

1.   Application for Marriage Registration

2.   Identification Card

3.   Certificate of Single Status

4.   Health Check Certificate

5.   Other documents if required

Marriage registration in Vietnam is straightforward.
You may also re-register the marriage in your home country if needed.

Important:
 

While marriage is easy, divorce is legally complex, especially when it involves:

• Joint assets
• Children
• Debts

2. BEFORE MARRIAGE: PRENUPTIAL AGREEMENT — A SMART LEGAL DECISION

If you are a foreigner, a Prenuptial Agreement is highly recommended.

Under Clause 1, Article 28 of the Law on Marriage and Family, spouses may agree in advance on their property regime before marriage.

Legal Basis — Article 48

Basic contents of an agreement on the matrimonial property regime include:

a) Determination of common property and separate property of husband and wife
b) Rights and obligations related to common property, separate property, and related transactions
c) Conditions, procedures, and principles for property division upon termination of the property regime
d) Other related agreements

Why Is a Prenuptial Agreement Important?

• Assets acquired after marriage without ownership registration are generally considered common property
• Without a prenup, future disputes over money are very likely
• A prenup protects both parties, not just foreigners

Basic Clauses in a Prenuptial Agreement

• Before marriage:
  • Separate assets
  • Separate debts
• During marriage:
• Property management
• Debt responsibility
• Financial arrangements

A prenup is not about distrust — it is about clarity and peace of mind.

3. DURING MARRIAGE: CULTURAL INSIGHTS

3.1 Common Traits of Vietnamese Women

• Family-oriented: deeply attached to family life and supportive of their husbands
• Care and loyalty: expect emotional support, especially during pregnancy and child-rearing
• Appreciate affection: sweet words and attention matter

3.2 The “7–7–7 Rule” (Practical Relationship Tips)

• Every 7 days: at least 1 day of private time together
• Every 7 weeks: short time away from home (travel or rest)
• Every 7 months: one trip together

4. AFTER MARRIAGE: DIVORCE PROCEDURES IN VIETNAM

4.1 How to File for Divorce

1. Submit a divorce application to the Court together with the Marriage Certificate
2. Participate in mediation procedures

Mediation is mandatory in most cases

• About 80% of divorce cases involve mediation
• Usually conducted 1–3 times
• If both parties refuse mediation, the Court may waive it upon request

4.2 Mutual Divorce — The Fastest Option

If both parties agree on:

• Property division
• Debt settlement
• Child custody

 Divorce can be completed quickly
 Parties may state: “We agree to settle property matters by ourselves.”

4.3 Divorce Involving Children

The Court will decide based on:

• Common property
• Common debts
• Children’s best interests

Common Rules in Vietnam

1. Priority is usually given to mothers, especially if the child is under 36 months
2. Children aged 6 and above may be consulted for their opinion
3. A husband is NOT allowed to file for unilateral divorce if:
   • The wife is pregnant
   • The wife has just given birth
   • The wife is raising a child under 12 months

Child Support Obligation

After divorce:

• Both parents must care for the child
• One party must provide child support (parenting allowance)

 Failure to provide child support may lead to legal action.

5. EXTRAMARITAL RELATIONSHIPS — CRIMINAL RISKS

Criminal Law — Article 182

Violation of the monogamy regime

A married person who:

• Marries another person, or
• Cohabits as husband and wife with another person

may face:

• Warning
• Non-custodial reform (up to 1 year)
• Imprisonment (3 months to 1 year)

Aggravated penalties (6 months to 3 years imprisonment) apply if:

• The act causes divorce
• The act leads to suicide of spouse or child
• The offender continues despite a court order

CONCLUSION

✔ Sign a Prenuptial Agreement
✔ Maintain a healthy and respectful family life
✔ Divorce is simple only when there is no dispute over property, children, or debts
✔ Courts prioritize:

• Stable income
• Time spent caring for children
• Good personal background
  ✔ Mediation is strongly prioritized in Vietnam

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