Guide to Consensual Divorce Procedures in Vietnam

Consensual divorce is when both spouses agree to divorce and have reached agreements on asset division, child custody, and related matters. This is the simplest and fastest form of divorce.

Consensual divorce documents include: Application for recognition of consensual divorce, Marriage Registration Certificate (original), ID cards of both parties, Household Registration Book, Children's birth certificates (if applicable), and Asset division and custody agreement.

Procedure: Submit documents at the District People's Court where either spouse resides. Within 15 days, the Court will accept the case. The Court then conducts mediation. If mediation fails and both parties still agree to divorce, the Court holds a session to recognize the consensual divorce.

Processing time: Typically 1-3 months. The court fee for consensual divorce is VND 300,000.

Note: Even in consensual divorce, parties should carefully consider asset and custody agreements to avoid future disputes. Consulting with an attorney before signing is advisable.

In cases involving children under 36 months of age, custody is generally granted to the mother unless she is unable to provide adequate care. Visitation rights for the non-custodial parent should be clearly stipulated in the agreement.