Cases in Which Unilateral Divorce Is Not Allowed

Divorce is something no one wishes for, but if the marital relationship has become severely strained, the shared life is unsustainable, and the purpose of marriage is no longer achievable, then divorce becomes a matter of time. However, not every case in which you file for divorce will be accepted and processed by the Court. Let explore with Apolo Lawyers the cases in which unilateral divorce is not allowed and how to handle such situations. In case you need advice, please contact Apolo Lawyers with Email at contact@apolo.com.vn or Hotline (+84) 903 419 479 for the best advice and support.

1. What Is Unilateral Divorce?

According to Article 51 of the 2014 Law on Marriage and Family, either the husband or the wife, or both spouses, have the right to request the Court to settle a divorce.

Unilateral divorce can be understood as a divorce requested by one party, as stipulated in Article 56 of the Law on Marriage and Family, specifically:

• When a spouse requests a divorce, and reconciliation at the Court is unsuccessful, the Court shall grant the divorce if there is evidence that the other spouse has committed domestic violence or seriously violated the rights and obligations of a spouse, causing the marriage to deteriorate to the extent that the shared life is unsustainable and the purpose of marriage is no longer achieved.
• If the spouse of a person declared missing by the Court requests a divorce, the Court shall grant the divorce.
• If a request for divorce is made under Clause 2, Article 51 of this Law, the Court shall grant the divorce if there is evidence that the spouse has committed domestic violence that seriously affects the life, health, and spirit of the other party. 

Cases in Which Unilateral Divorce Is Not Allowed

​2. Cases in Which Unilateral Divorce Is Not Allowed

According to Clause 3, Article 51 of the 2014 Law on Marriage and Family, the husband does not have the right to request a divorce in the following cases:

• The wife is pregnant.
• The wife is giving birth.
• The wife is raising a child under 12 months old.

The law restricts the husband right to divorce in these cases to protect the rights and interests of women and children.

Additionally, if one spouse suffers from mental illness or another condition that prevents them from being aware of or controlling their behavior, and they are also victims of domestic violence caused by their spouse that seriously affects their life, health, or mental well-being, the request for divorce must be made by their parents or other close relatives.

Furthermore, if one party requests a divorce but lacks evidence to support their claim, such as photos, medical records of domestic violence injuries, proof of the spouse infidelity, or evidence of drug addiction. 

3. What Should You Do If You Are Not Allowed to File for Unilateral Divorce?

The solution varies depending on the specific circumstances of the case. Here are some possible approaches:

3.1. If You Have Already Submitted a Divorce Petition to the Court

• Case 1: The Court will not accept the petition and will return the lawsuit application.
• Case 2: The Court accepts the petition but later suspends the case after discovering that it falls under a situation where unilateral divorce is not permitted.
• Case 3: If the petition lacks sufficient evidence, even if the case goes to trial, the Court will reject the divorce request.

Therefore, if you fall into a situation where unilateral divorce is not allowed, you should consider withdrawing the petition or gathering sufficient evidence to prove that you meet the conditions for a unilateral divorce before submitting the request to the Court.

3.2. If You Have Not Yet Submitted the Petition to the Court

You should consider one of the following two options:

• Option 1: If the wife is pregnant, giving birth, or raising a child under 12 months old, you should wait until the restriction period ends before submitting the unilateral divorce petition.
• Option 2: If your right to request a unilateral divorce is limited due to other reasons, you should collect sufficient evidence to justify your divorce claim before submitting the petition to the Court. 

4. Unilateral Divorce Procedure

The unilateral divorce process must follow civil litigation procedures, which require mediation at the Court before proceeding. The process includes the following steps:

Step 1: Submit the unilateral divorce petition to the People Court at the district level where the defendant (spouse) resides or works.

Step 2: Based on the Court notification, the petitioner must pay a court fee advance at the District Civil Judgment Enforcement Department and submit the receipt of payment to the Court.

Step 3: The Court processes the case and proceeds according to the standard unilateral divorce procedure, ultimately issuing a judgment or decision to settle the case.

Cases in Which Unilateral Divorce Is Not Allowed

5. Apolo Lawyers provides consulting services on unilateral divorce procedures

When a husband commits adultery but refuses to agree to a divorce, a wife has the legal right to file for unilateral divorce in Vietnam. She must provide valid evidence of the affair and prove that the marriage has irretrievably broken down. Understanding what is a unilateral divorce, the grounds for unilateral divorce, and the divorce procedure in Vietnam helps women navigate the legal system effectively. Consulting an experienced family lawyer can provide additional guidance and ensure that legal rights are protected throughout the process.

To better understand the cases of unilateral divorces as well as divorce issues. You should find a reputable divorce lawyer to authorize a lawyer. 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: Custody of Children Under 36 Months in Divorce Cases and Legal Provisions 

>>> Read more: Consensual Divorce In The Absence Of A Spouse

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