Can Spouses File for Unilateral Divorce Due to Loss of Affection

Loss of affection may explain why a spouse wants to leave, but the legal request should set out the facts showing the applicable divorce grounds. The court assesses the marriage's condition and the evidence rather than relying on a label alone.

Marriage is not merely a legal contract. In many cases, emotional connection serves as the core that sustains marital life. However, over time, some relationships deteriorate as affection fades and emotional distance grows. When this emotional disconnect becomes persistent and irreparable, one or both spouses may begin to consider ending the marriage. In Vietnam, this raises a significant legal question: Can the mere loss of affection be considered sufficient grounds for a unilateral divorce? This article explores the legal framework and judicial interpretation under Vietnamese law regarding whether emotional disconnection alone can justify a unilateral divorce, and what evidence and circumstances courts will consider in such cases.

What Is a Unilateral Divorce in Vietnam?

Under Article 56 of the Law on Marriage and Family 2014, a unilateral divorce known in Vietnamese as refers to a divorce initiated by one spouse without the other party agreement. It is distinct from a consensual divorce, which requires mutual consent on both the termination of the marriage and the resolution of related matters such as child custody and property division.

For a unilateral divorce to be granted, the petitioner must provide convincing evidence that:

• The marriage has seriously broken down;
• The spouses can no longer live together;
• The marriage has lost its essential purpose, such as mutual affection, respect, and shared responsibilities.

The court has the discretion to determine whether these legal conditions are satisfied based on facts, documents, and circumstances presented during the trial.

Is Loss of Affection a Legal Ground for Divorce?

While Vietnamese law does not explicitly state “loss of affection” as a valid ground for divorce, this issue is legally relevant and frequently considered in practice. Emotional detachment may not be a standalone legal term, but it is often indicative of deeper, more serious marital problems. If one spouse can prove that the absence of emotional connection has led to irreconcilable differences, lack of cohabitation, or mental and emotional suffering, the court may accept it as proof of serious marital deterioration.

Common indicators of emotional disconnection include:

• Chronic lack of communication or prolonged silence;
• Neglect of emotional or psychological needs of the partner;
• Refusal to participate in family life or joint responsibilities;
• Loss of sexual and emotional intimacy over an extended period;
• Emotional abuse through indifference, coldness, or isolation.

Courts do not require physical violence or infidelity to grant a divorce. If emotional estrangement results in an inability to maintain a shared life, it may be deemed sufficient to fulfill the legal threshold of a broken marriage.

What Does the Court Consider in Such Cases?

When evaluating a unilateral divorce request based on emotional disconnection, Vietnamese courts apply a case-by-case approach, weighing both objective evidence and subjective testimony.

Duration and Severity of Emotional Breakdown

• Has the couple been emotionally disconnected for a significant time?
• Have they lived separate lives under the same roof?

Efforts at Reconciliation

• Did either party make genuine efforts to repair the relationship (e.g., through family mediation, counseling, or family union meetings)?
• Was reconciliation impossible despite external interventions?

Current Living Conditions

• Are the spouses still living together or already separated?
• Is there any communication, financial support or joint parenting?

Impact on Children

• How does the emotional conflict affect the children upbringing, education, and mental health?
• Is the household environment harmful to the child’s development?

The court assesses whether the applicable grounds are established by the facts and evidence. No single label or isolated circumstance should be treated as a promise that the divorce claim will succeed.

How legal advice can assist

The success of a unilateral divorce petition based on emotional disconnection depends largely on how effectively the petitioner can demonstrate that the marriage no longer serves its lawful and social purposes. Therefore, it is essential to document the breakdown, seek legal advice, and present a well-structured case before the Court.

A lawyer can advise, prepare documents and help protect lawful rights within the agreed scope of work. Vietnamese civil procedure restricts representation by authorisation for the divorce itself, so a spouse should not assume that a power of attorney replaces required personal participation. Assistance with other matters must be assessed separately under the applicable rules.

• 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, Jurion & Partners has helped you better understand the cases in which a unilateral divorce is not allowed. When coming to the divorce procedure consulting service at Jurion & Partners, with a team of knowledgeable legal consultants, they regularly guide and prepare divorce documents.

>>> Read more: How are property handled after divorce in Vietnam

>>> Read more: Cases in Which Unilateral Divorce Is Not Allowed