Common legal mistakes in divorce proceedings in Vietnam

Avoid common Vietnam divorce filing mistakes involving consent, missing evidence, custody assumptions, property records and the choice of court procedure.

Legal Definition of Divorce Under Vietnamese Law

Pursuant to Clause 14, Article 3 of the Law on Marriage and Family 2014, divorce is defined as the termination of the marital relationship through a legally effective judgment or decision issued by a Court.

Accordingly, divorce only has legal validity when resolved by a competent Court. Private agreements or long-term separation do not result in legal termination of marriage. Failure to understand this legal definition constitutes one of the most common mistakes, leading many individuals into prolonged legal disputes.

Common Legal Mistakes in Divorce Proceedings

Assuming That Signing a Divorce Application Is Sufficient Without Court Involvement

Many married couples believe that signing a divorce application or reaching a verbal agreement is sufficient to terminate marriage. This assumption represents a serious legal mistake due to the following reasons:

• The marital relationship remains legally valid
• Remarriage is not permitted
• Legal risks related to joint property and children arise
• Other legal consequences may occur

Legal Note: Only a legally effective divorce judgment or decision issued by a Court results in official termination of marriage.

Failure to Distinguish Between Mutual Divorce and Unilateral Divorce

A significant number of individuals commit mistakes due to a lack of understanding of the two forms of divorce:

• Mutual divorce: Both parties voluntarily agree to divorce and reach agreements on property and children
• Unilateral divorce: One party files a divorce request based on legal grounds stipulated under Article 56 of the Law on Marriage and Family

Selecting an inappropriate divorce procedure may result in rejection of the application or prolonged case resolution. Involving a divorce lawyer supports accurate determination of the appropriate form of divorce and avoids unnecessary delays and expenses.

Failure to Collect Evidence in Unilateral Divorce Cases

In unilateral divorce cases, the burden of proof lies with the requesting party. However, many individuals commit mistakes such as:

• Failure to collect evidence of domestic violence
• Failure to prove extramarital relationships
• Failure to demonstrate serious marital conflicts

Legal Consequence: The Court may reject the divorce request due to insufficient legal grounds.

Misunderstanding Principles of Property Division Upon Divorce

One of the most common mistakes in divorce proceedings is the assumption that marital property is always divided equally. In reality, pursuant to Article 59 of the Law on Marriage and Family 2014, property division may favor one party based on factors such as:

• Contribution efforts of each party
• Violations of marital obligations
• Living conditions of spouses and children
• Other relevant circumstances

A divorce lawyer plays an essential role in proving contribution efforts and protecting lawful property rights.

Assuming That Mothers Automatically Receive Child Custody

A widespread misconception holds that mothers automatically receive custody of children under 18 years of age. This assumption is legally incorrect. Determination of child custody must be based on comprehensive consideration of the best interests of the child and decided by the Court.

When seeking child custody in divorce proceedings, parties should prepare adequate documentation and evidence demonstrating:

• The best interests of the child
• Financial capacity, caregiving time, and living environment

Failure to prove suitable conditions for child custody may result in loss of direct custody rights.

Failure to Seek Legal Consultation From a Divorce Lawyer at an Early Stage

Handling divorce procedures independently often leads to mistakes such as:

• Submission of incomplete documents or incorrect procedural steps, resulting in delays, increased costs, and potential financial impact
• Increased legal risks in disputes related to child custody or marital property
• Prolonged resolution time before the Court

A divorce lawyer provides not only legal support but also:

• Strategic legal advice to protect lawful rights
• Drafting and preparation of compliant applications and supporting documents
• Legal representation before competent authorities when necessary

Role of a Divorce Lawyer in Minimizing Legal Risks

The involvement of a divorce lawyer supports:

• Clear understanding of legal rights and obligations in divorce
• Avoidance of procedural, documentary, and evidentiary mistakes
• Maximum protection of lawful rights and interests
• Reduction of case resolution time

In divorce cases involving substantial property disputes or child custody conflicts, professional legal support significantly enhances protection of lawful interests.

Divorce constitutes a complex legal matter requiring thorough legal understanding and careful preparation. Identifying and avoiding common legal mistakes in divorce proceedings contributes to risk mitigation, effective protection of lawful rights, and stabilization of post-marital life.

Therefore, individuals considering divorce are strongly advised to proactively consult a divorce lawyer in order to receive lawful, accurate, and effective legal guidance from the outset.

How legal support can help

Jurion & Partners offers comprehensive legal services designed to help clients achieve a fast divorce while safeguarding their rights and interests. Our services include:

• Consulting on mutual consent and unilateral divorce procedures;

• Reviewing, drafting, and organizing all required divorce documents;

• Representing clients during negotiations on property division and child custody;

• Advising on financial settlements, spousal support, and child support;

• Assisting with recognition and enforcement of foreign divorce judgments in Vietnam;

• Representing clients before the People Court in divorce proceedings;

• Supporting post-divorce procedures, such as civil status registration updates.

>>> Read more: Seeking Legal Assistance for Unilateral Divorce Services in Vietnam

>>> Read more: How to File a Unilateral Divorce in Accordance with Vietnamese Law?