We are specialist international divorce and family lawyers. We typically advise clients who are either UK-based but have a connection to Vietnam or who were married in Vietnam. We also represent those with some other association with Vietnam who wish to divorce, or need guidance on where to divorce, financial settlements or child arrangements.  Below we’ve highlighted some of the ways divorce is approached by the authorities in Vietnam.

Grounds For Divorce In Vietnam

Vietnam’s Law on Marriage and Family, 2016, provides for divorce by mutual consent and divorce on the request of one party (unilateral divorce).

  • Mutual consent divorce – Arises where the divorcing spouses are in agreement on all aspects of the divorce, including property division, child arrangements and any maintenance payments. The court must be satisfied that any agreement between the parties protects the long-term legitimate interests of the wife (or financially weaker party) and any children.
  • Unilateral divorce – One party can seek a divorce without the other’s consent if any of the grounds contained in the Law on Marriage and Family are are met. These include proof of domestic violence and where there are irreconcilable differences between husband and wife.

At the beginning of any unilateral divorce case the courts will require the parties to attempt some form of conciliation.

Note that a parent or other relatives can initiate divorce proceedings on behalf of a spouse in cases of serious domestic violence or where there are serious mental health issues.

Vietnamese Divorce And Foreign Nationals

The Law on Marriage and The Family 2016 contains specific provisions for divorce where one spouse is not a Vietnamese national. These include procedures for recognising foreign court judgments that contain a request for the Vietnam court to carry out enforcement procedures.

Dividing Property In A Vietnamese Divorce

Parties can agree how to divide their property following divorce in Vietnam. Any agreement can be relatively quickly approved as long as the court is satisfied the settlement protects the legitimate interests of the wife (we mentioned this requirement above).

If the spouses cannot agree on how to divide their property the court will make a ruling – division will not always be equal. Generally only property acquired during the marriage will be subject to division. Property that is inherited or which one party owned before the marriage will normally be considered as separate property. Factors taken into consideration when deciding how to split joint property include each side’s contribution to the asset and any legal rights that may exist over the property.

Child Custody In Vietnam After Divorce

Where there is no agreement for child arrangements following divorce the Vietnamese courts will apply the factors listed in Article 81 of the Law on Marriage and Family. In essence this means making custody decisions based primarily on what are the best interests of the child. The court will also try to directly ascertain the wishes of children if they are over seven and, save in exceptional circumstances, if a child is under three the mother will be granted custody.

Advice On Vietnamese Divorce

If you have a connection to Vietnam and wish to divorce it’s important to get expert advice. At Brookman we work with clients of all nationalities, and we understand the kind of issues that crop up regularly in international divorce. Our experience in dealing with different legal systems throughout the world means we are well equipped to deal with divorce where international laws may have some impact.

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Divorce Videos

Henry Brookman has created several discussion videos in order to further explain some areas of divorce.

International Divorce

Watch Henry Brookman summarise divorce and common divorce myths.

If you have questions, contact us now, we can help you.

Henry Brookman Discusses: Divorce
Henry Brookman Discusses: Common Divorce Myths

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About The Team

We are a specialist divorce and international divorce family law team, advising clients in the United Kingdom (specifically England and Wales) and throughout the world. We have a very people–orientated approach to working with clients. Henry Brookman has practised law for over 45 years, and our team has a wide range of skills and expertise. We are recommended by the Legal 500 and have been awarded the Law Society’s quality mark, Lexcel.

Partner

Henry Brookman

With over 45 years' experience, Henry Brookman is the senior member of the team. He is described by The Legal 500 as ‘shrewd, savvy, sagacious and highly experienced’.

Partner

Talitha Brookman

Talitha is a Partner in the firm and a very experienced practitioner who has specialised exclusively in family law for over 15 years. Talitha is recommended by The Legal 500.

Partner

Philip Morton

Recommended by The Legal 500, Philip is an expert in all areas of family law, including domestic and international financial disputes, fraud and commercial dispute resolution.

Partner

Natasha Slabas

Expert in all areas of family law, often involving cases that have an international element, including work in relation to financial settlements following divorce.

Partner

Aziz Malik

Aziz is a Partner at the firm and is highly regarded for his expertise on financial matters in divorce and is recommended by the Legal 500.

Partner

Mark Rennie

Mark is the Group Head of the Horsham Family Law team. He specialises in all areas of matrimonial law, including complex divorce and financial disputes, and is recommended by The Legal 500.

Partner

Nigel Winter

A highly experienced solicitor, Nigel has expertise in collaborative law, divorce, contested litigation, relationship agreements, and children matters. Nigel is recommended by The Legal 500.

Partner

Samantha Jago

Partner at our Guildford office and recommended by The Legal 500, Samantha has specialist expertise in divorce, children matters, complex international cases, and is a trained mediator.

Senior Associate

Joanna Potbury

Family law specialist based in Brighton advising on divorce, cohabitation agreements, children, post-nuptial agreements, and domestic violence. Joanna is recommended by The Legal 500.

Senior Associate

Kirsty Kelleher

Kirsty is a specialist family law solicitor recommended by The Legal 500. An expert in divorce, financial matters, child-related disputes and contentious probate cases.

Senior Associate

Kevin Danagher

Kevin specialises exclusively in family law, advising on all aspects of relationship breakdown, divorce, same sex marriage, marital agreements, and international family cases.

Associate Solicitor

Jennifer Douglas

Jennifer is a talented solicitor, recommended by The Legal 500 and experienced in all elements of family law, including high net worth financial proceedings, Children Act proceedings.

Associate Solicitor

Gavin Yeung

Recommended by The Legal 500, Gavin has excellent experience in family law including divorce and financial proceedings and international child abduction proceedings.

Senior Associate

Pippa Marshall

Pippa’s experience covers all areas of family law including divorce, financial remedies, same sex relationships, and pre- and post-nuptial agreements and is recommended by The Legal 500.

Chartered Legal Executive

Lorraine Imms

With over 20 years' family law experience, Lorraine can advise on divorce, matrimonial finances, cohabitee disputes, nuptial agreements and private children matters.

Trainee Solicitor

Rachael Au

Rachael is a highly capable member of the family team in Brighton. She started her training contract in September 2019, her first seat being in Personal Injury and Clinical Negligence.

Accounts Manager

Evdokia Dikova

Eva is an AAT qualified accounts manager and holds full AAT membership (MAAT). She gained her degree in financial accounting from the University of Economics in Bulgaria.

Secretary

Victoria Delatouche

Victoria is a highly experienced Legal Secretary and a long-standing member of the team. She provides secretarial support for the office.

Secretary

Michelle Louison

Michelle provides secretarial support to Henry Brookman. A very experienced family law secretary, Michelle has worked in law for over 12 years.

Front of House Manager

Patricia Antonio

Patricia is an experienced secretary and office administrator, handling the calls that come into the office, greeting clients, and managing office presentation.

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