A husband refusing consent does not automatically prevent divorce in Vietnam. Learn about the wife's request, court assessment and evidence to prepare.
Does a wife have the right to request a divorce when the husband does not agree?
Under current law, both the wife and the husband have the right to request the Court to resolve a divorce, regardless of consent from the other party.
Therefore, the lack of agreement from the husband does not eliminate the right of the wife to request a divorce. In this situation, the wife may choose to file for a unilateral divorce and request the Court to settle the matter in accordance with statutory procedures.
Can a divorce petition be filed if the husband does not sign?
The answer is yes. In such cases, the Court will apply regulations on unilateral divorce to consider the request of the wife.
For unilateral divorce, the divorce dossier only requires the signature of the person requesting the divorce. The refusal of the husband to sign the petition, the lack of consent, the absence of cooperation, or the failure to participate in legal proceedings is not considered a lawful ground for the Court to refuse acceptance of the divorce petition filed by the wife.
Instead, the Court will:
- Accept the divorce petition filed by the wife
- Summon the husband to work in accordance with legal procedures
- Proceed with the trial in the absence of the husband if the statutory conditions are satisfied
Conditions for the Court to accept a unilateral divorce
Not all unilateral divorce petitions are approved. For the Court to grant a divorce, the wife must prove that the marital relationship has fallen into a serious condition pursuant to Article 56 of the Law on Marriage and Family 2014, specifically falling into one of the following circumstances:
- The existence of domestic violence
- Serious violations of spousal rights and obligations, causing the marriage to become severely deteriorated, the common life to be unsustainable, and the purposes of marriage to remain unachieved.
If one of the above grounds is established, the wife has the right to file a divorce petition without the signature of the husband.
Divorce procedure when the husband does not agree
When the husband does not agree to a divorce, the wife must carry out the unilateral divorce procedure, which generally includes the following steps:
- Preparation of the unilateral divorce dossier
- Submission of the dossier to the competent Court
- Payment of advance court fees in accordance with the Court notice
- Participation in mediation and legal proceedings as summoned
- Issuance of a judgment or decision on divorce by the Court.
During the resolution process, if the husband deliberately avoids participation or refuses cooperation, the Court will continue handling the case in accordance with legal regulations.
In summary, a wife retains the right to divorce through unilateral divorce procedures even when the husband does not agree. As long as the serious deterioration of the marital relationship and the impossibility of continuation are proven, the Court will consider and resolve the divorce in accordance with the law.
If difficulties arise during the divorce process where the husband does not agree, consultation with a lawyer specializing in marriage and family law is recommended to obtain timely legal advice and support.
How legal support can help
- Advice on the right to request the Court to settle a divorce;
- Advising on conciliation procedures at the grassroots level;
- Advice 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.
>>> Read more: Resolving Spousal Relationships in Unilateral Divorce
>>> Read more: Can a Pregnant Wife Get a Divorce in Vietnam?
Discuss your next steps
For advice on the issues discussed in this guide, ask Jurion & Partners to review your circumstances and explain the appropriate legal options before you take the next step.
