Can a Pregnant Wife Get a Divorce in Vietnam?

Pregnancy is often seen as a time of unity and emotional connection between spouses. However, not all marriages survive this challenging phase. In some situations, either the husband or the wife may seek to end the marriage even when the wife is pregnant. So, can a pregnant wife get a divorce in Vietnam? And how does this relate to the legal concept of what is unilateral divorce? In case you need advice, please contact Apolo Lawyers via email at contact@apolo.com.vn or Hotline (+84) 903 419 479 for the best advice and support.

1. Legal Grounds for Divorce in Vietnam

Vietnamese law recognizes two forms of divorce under the Law on Marriage and Family 2014:

• Consensual divorce: where both parties agree to divorce and resolve matters regarding children and property.
• Unilateral divorce: where one party files for divorce without the consent of the other.

In cases where only one party initiates the process, the law evaluates whether the marriage has seriously broken down and whether reconciliation is impossible. This is the foundation of what is unilateral divorce.

Can a Pregnant Wife Get a Divorce in Vietnam?

2. Can a Pregnant Wife Get a Divorce?

Vietnamese law allows a pregnant woman to file for divorce at any time, including during pregnancy. There is no legal restriction preventing a pregnant wife from initiating either a consensual or unilateral divorce. The court will consider the request like any other, provided the legal grounds for divorce are met.

However, the court will also pay special attention to issues related to: The welfare of the unborn child; The living and financial arrangements post-divorce; Custody and parental responsibilities after birth

3. Can a Husband Divorce His Pregnant Wife?

This is where Vietnamese law draws a clear line. According to Article 51(3) of the Law on Marriage and Family 2014: “A husband shall not be allowed to request a divorce if his wife is pregnant, giving birth, or raising a child under 12 months of age.”

This legal restriction is designed to protect the rights and well-being of the mother and newborn child during their most vulnerable time. In this case, only the wife has the legal right to initiate the divorce. So, if you are a pregnant woman and want to divorce your husband, you have the legal right to do so  even if he disagrees.

4. How to Proceed with Divorce During Pregnancy

4.1. Choose the Right Type of Divorce

If both spouses agree: consensual divorce is quicker and smoother. If the husband refuses: the wife must pursue unilateral divorce. This is where understanding what is unilateral divorce becomes important. It is the legal pathway for one-sided separation.

4.2. Prepare Supporting Documents

• A written petition for divorce
• Marriage certificate (original)
• Copies of IDs/passports
• Proof of residence
• Medical documents showing pregnancy
• Proposal for child custody and property division

4.3. Present a Clear Custody Plan

Even though the child is not yet born, the court requires a clear plan regarding custody and support. The mother is typically favored, especially during infancy, but financial and living conditions are also considered.

Can a Pregnant Wife Get a Divorce in Vietnam?

5. Apolo Lawyers provides consulting services on unilateral divorce procedures

In a unilateral divorce, child custody is determined by the court based on the best interests of the child. The non-custodial parent still has the obligation to provide support and retains visitation rights under the law. Our company provides fast unilateral divorce services in Ho Chi Minh City such as:

• Advice on the right to request the Court to settle divorce;
• Advising on conciliation procedures at the grassroots level;
• Advise on divorce proceedings;
• Advising on grounds for divorce;
• Advising on regulations on consent divorce and divorce at the request of one party;
• Advice on principles of the property division upon divorce and procedures for property division;
• Advice on divorce settlement procedures at the Court.

Hopefully, with the information we shared above, Apolo Lawyers has helped you better understand the cases in which a unilateral divorce is not allowed. In order for the divorce to be resolved quickly, the divorce petitioner can conduct the divorce procedures by himself or ask for divorce procedures consulting service. When coming to the divorce procedure consulting service at Apolo Lawyers, with a team of knowledgeable legal consultants, they regularly guide and prepare divorce documents.

Divorce is a quite complicated procedure. If you still have any questions, do not hesitate to contact Apolo Lawyers – Solicitors & Litigators. Hotline: (+84) 903. 419. 479 and Email contact@apolo.com.vn to be supported and helped in the most optimal way.

>>> Read more: How to Get a Unilateral Divorce When Mutual Consent Is Not Possible in Vietnam

>>> Read more: Should You File for a Unilateral Divorce When You Want to Separate?

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