Last reviewed: 28 October 2026
Quick answer
If either spouse is an Australian citizen, is domiciled in Australia, or has ordinarily lived here for 12 months, you can usually divorce in Australia, even after marrying in Vietnam. A Vietnamese citizen should then have the Australian divorce recorded in Vietnam’s civil status register. Recognition of Australian orders about property or children is more difficult. Vietnam is not a party to the Hague Child Abduction Convention, and there is no reciprocal child support arrangement, so planning ahead is essential.
Melbourne and Sydney have large Vietnamese and Chinese-Vietnamese (Hoa) communities, many with family, property and businesses in Ho Chi Minh City, Hanoi and other provinces. Many marriages also involve a spouse who came to Australia on a partner visa. Each of these situations raises cross-border questions when a relationship ends.
Divorcing in Australia
At least one spouse must:
- be an Australian citizen;
- be domiciled in Australia, treating it as home and intending to stay indefinitely; or
- have ordinarily lived in Australia for the 12 months before filing.
You must have been separated for 12 months with no reasonable likelihood of reconciliation, which can include separation under one roof. Couples married less than two years need a counselling certificate or an explanation. A Vietnamese marriage certificate needs a certified English translation.
The divorce ends the marriage only. Property and children are separate. Married couples must generally apply for property orders within 12 months after the divorce becomes final.
Serving a spouse in Vietnam
Vietnam is a party to the Hague Service Convention, so Australian court documents can be served there through the Convention process. Translation into Vietnamese is usually required, and the process takes time. Documents must be served at least 42 days before the hearing.
Divorcing in Vietnam
Divorce in Vietnam is governed by the Law on Marriage and Family 2014 and must go through a court.
- Divorce by consent. The court recognises the divorce where both spouses genuinely want it and have agreed on property and children.
- Divorce at one spouse’s request. The court grants a divorce for reasons such as domestic violence or a serious breach of marital obligations that makes the marriage unsustainable, after conciliation fails.
A husband cannot apply for divorce while his wife is pregnant, has recently given birth, or is caring for a child under 12 months old. Vietnam’s court system was reorganised in 2025, and cases involving a party or property overseas are now heard by the new regional people’s courts. Check which court has jurisdiction before filing.
Australia or Vietnam: which court?
- Vietnam generally divides common property acquired during the marriage equally, then adjusts for each spouse’s circumstances and contributions (housework counts), the need to protect each spouse’s business or career, and fault.
- Australia has no starting presumption of equal division. It considers all property, including pre-marital and inherited assets, and weighs contributions and future needs.
Other factors include where the children live, where the assets are, and whether orders can be enforced. An Australian court will only decline to hear a case if Australia is a clearly inappropriate forum.
Property in Australia and Vietnam
An Australian court considers all property and debts of both spouses, wherever located, including:
- houses, apartments and land-use rights in Vietnam;
- shares in Vietnamese companies and family businesses;
- gold, cash and bank accounts in Vietnam;
- assets held for a spouse by relatives.
Each party must fully disclose their finances, including assets in Vietnam. Since 10 June 2025, the Family Law Act sets out the property framework directly, including the economic effect of family violence and children’s housing needs.
An Australian court cannot change title in Vietnam. It can order a spouse personally to transfer or sell, or adjust what each spouse receives from Australian assets. Foreigners face limits on owning housing in Vietnam, so property is often in the Vietnamese spouse’s or relatives’ names. An Australian court looks at who actually paid and contributed, not only the registered owner.
Will Vietnam recognise an Australian divorce?
A Vietnamese citizen who divorces in Australia should have the divorce recorded in Vietnam’s civil status register (ghi chú ly hôn). Since July 2025 this is handled by the commune-level People’s Committee. Without it, Vietnamese records may still show the person as married, which causes problems with remarriage, property and inheritance.
Where an Australian order also needs to be enforced in Vietnam, for example a property order, a separate recognition application is needed. Vietnamese courts recognise foreign judgments on the basis of a treaty or reciprocity. We are not aware of a civil judgments treaty between Australia and Vietnam, so recognition of financial and parenting orders is uncertain and settlement terms should be designed to work without it.
Australian documents for use in Vietnam can now be apostilled, as Vietnam joined the Apostille Convention with effect from 11 September 2026. Our firm’s notary public can assist.
Children
In Australia, parenting decisions are made in the child’s best interests. Since May 2024 there has been no presumption of equal shared parental responsibility. In Vietnam, a child under 36 months is generally raised by the mother, and the wishes of a child aged seven or older are considered.
The risk of a child being taken to Vietnam
Vietnam is not a party to the Hague Child Abduction Convention. If a child is taken to Vietnam without consent, there is no Convention process for return, and an Australian parenting order may not be enforced there.
Prevention is critical. An Australian court can:
- order that a child be placed on the Family Law Watchlist, alerting the Australian Federal Police at international airports and seaports;
- order that passports, including Vietnamese passports, be surrendered;
- restrain a parent from taking the child overseas.
A Child Alert Request asks DFAT not to issue an Australian passport for the child. If you are worried about an upcoming trip, act before the child leaves.
Child support
Vietnam is not a reciprocating jurisdiction for child support. Services Australia generally cannot assess or collect child support from a parent living in Vietnam. Lump-sum child support or security over Australian assets may be more practical.
Partner visas and separation
Where a Vietnamese spouse holds or has applied for a partner visa, separation can affect the visa. In some cases, such as family violence or where there are children of the relationship, the application may continue. Our firm’s Accredited Specialists in Immigration Law work alongside our family law practice on these matters.
Resolving it by agreement
Mediation, including online, helps families split between Vietnam and Australia avoid parallel court cases. An agreement can be made into Australian consent orders, with coordinated steps in Vietnam for any property there.
Frequently asked questions
We married in Vietnam. Can we divorce in Australia?
Yes, if one of you meets the Australian requirements.
Do I need to do anything in Vietnam after an Australian divorce?
Yes, if you are a Vietnamese citizen. Have the divorce recorded in Vietnam’s civil status register.
Can an Australian court deal with our house in Ho Chi Minh City?
It includes its value and can order your spouse to act, or adjust Australian assets. Enforcing in Vietnam is uncertain.
What if my child is taken to Vietnam?
Vietnam is not a Hague Convention country, so prevention is key. Seek orders before travel if you are concerned.
Can I get child support from a parent in Vietnam?
Not through Services Australia. Consider court orders and settlement terms instead.
Will separation affect my partner visa?
It may. Get advice from an immigration lawyer promptly.
How we help
Chua Tan Associates has practised in Melbourne since 1990 and advises Vietnamese and Chinese-Vietnamese families on family law, property and immigration. Our principal, Justin Chua, has worked in a law firm in Vietnam and understands how families there hold property and run businesses. We work with Vietnamese lawyers where steps are needed in Vietnam.
Justin is a Nationally Accredited Mediator, Family Dispute Resolution Practitioner and family law arbitrator. We help with:
- divorce in Australia after a Vietnamese marriage;
- property settlements involving assets in Vietnam;
- urgent orders to prevent a child being taken overseas;
- separation where a partner visa is involved;
- documents for recording the divorce in Vietnam.
The initial consultation is a paid 30-minute consultation by video or in Melbourne. Contact us to book.
This article is general information only and is not legal advice. Vietnamese law points are a general overview; advice from a Vietnamese lawyer may be needed for steps in Vietnam.
Official sources
Cross-border separation guides for other countries
Chua Tan Associates acts for families and their professional advisers on Australian legal matters with a cross-border dimension, working alongside lawyers overseas. To arrange a confidential consultation, please contact our Melbourne office on +61 3 9602 3988 or submit an enquiry. Advice is available in English, Mandarin and Cantonese.
Justin Chua (蔡智勋), lawyer and mediator, Chua Tan Associates, Melbourne. General information only, not legal advice.
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