Forms of Divorce in Vietnam

Divorce under Vietnamese legislation functions as a formal mechanism for termination of marital status through judicial authority. Growing demand for clear guidance on divorce procedures highlights the importance of understanding two primary forms of divorce recognized under Vietnamese law. Each form reflects distinct legal standards, evidentiary requirements, and procedural pathways. An overview of these frameworks offers valuable insight into lawful options, strategic considerations, and potential outcomes during dissolution of marital relations in Vietnam. Contact Apolo Lawyers – Solicitors & Litigators via Hotline (+84) 903 419 479 or Email contact@apolo.com.vn for quick and effective support. With a dedicated and professional legal team, we are committed to accompanying you throughout the entire divorce process. 

1. Definition of Divorce

Divorce under Vietnamese law is the legal termination of marital status through a court judgment or court decision. Based on Law on Marriage and Family 2014 of Vietnam, the government classify into two forms of divorce: divorce by mutual consent and divorce upon request from one party.

Each form reflects a distinct approach to dispute resolution, evidentiary requirements, and judicial intervention. Understanding these forms supports accurate assessment of legal options, procedural steps, and potential outcomes under Vietnamese legislation.

Forms of Divorce in Vietnam

2. Divorce by Mutual Consent

Divorce by mutual consent applies when both spouses agree on termination of marital status and agree on property division, child custody, and related obligations. A petition for this form of divorce requires confirmation of voluntary agreement, absence of coercion, and feasibility of agreed terms.

According to Article 55 of Law on Marriage and Family 2014, the legislature has provided as follows:

“Article 56: Divorce by mutual consent

When both spouses request a divorce, a court shall recognize the divorce by mutual consent if seeing that the two are really willing to divorce and have agreed upon the property division, looking after, raising, care for and education of their children on the basis of ensuring the legitimate interests of the wife and children. If the spouses fail to reach agreement or have reached an agreement which -fails to ensure the legitimate interests of the wife and children, the court shall settle the divorce.”
Divorce by mutual consent is generally faster due to reduced evidentiary conflict and streamlined court review. However, it is important to note that the agreement between the spouses must comply with legal regulations and not be contrary to social ethics.

3. Divorce Upon Request From One Party

Divorce upon request from one party applies when consensus cannot be achieved. A petitioning party must provide evidence demonstrating serious violation of marital obligations, persistent conflict, or circumstances indicating impossibility of continued cohabitation.

According to Article 56 of Law on Marriage and Family 2014, the legislature has provided as follows:

"Article 56: Divorce at the request of one spouse

1. When a spouse requests a divorce and the conciliation at a court fails, the court shall permit the divorce if it has grounds to believe that a spouse commits domestic violence or seriously infringes upon the rights and obligations of the husband or wife, which seriously deteriorates the marriage and makes their common life no longer impossible and the marriage purposes unachievable.

2. When the spouse of a person who is declared missing by a court requests a divorce, the court shall permit the divorce.

3. For request for a divorce under Clause 2, Article 51 of this Law, a court shall permit the divorce if it has grounds to believe that the domestic violence committed by one spouse seriously harms the life, health or spirit of the other.”
The court conducts an investigation, collects evidence, and evaluates conflict severity. If the court determines that marital relationship has irretrievably broken down, a judgment granting divorce is issued. This procedure often involves extended hearings, witness testimony, and detailed asset verification due to lack of agreement between involved parties.

4. The important of this regulation

Regulation on forms of divorce in Vietnam carries substantial importance due to its direct impact on protection of lawful rights, maintenance of social order, and promotion of equitable dispute resolution.

Moreover, in some cases, this regulation would help the courts apply consistent criteria when assessing voluntariness, evidence of marital breakdown, and suitability of arrangements relating to minor children and common assets. This clarity limits procedural ambiguity, prevents arbitrary outcomes, and discourages misuse of legal mechanisms for coercion or strategic delay.

Forms of Divorce in Vietnam

Furthermore, it also encourages constructive cooperation between involved parties, reduces emotional and financial burdens associated with prolonged litigation, and supports efficient allocation of judicial resources.

In conclusion, through these functions, regulation strengthens transparency within family law and enhances public trust in adjudication processes governing dissolution of marital relations.

5. Legal services Apolo Lawyers provide for divorce cases

Apolo Lawyers – Solicitors & Litigators 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.

With a team of experienced and dedicated lawyers, Apolo Lawyers is committed to guiding you through each stage of the divorce process, ensuring legal compliance and helping you resolve your case as quickly and smoothly as possible.

Divorce is quite a 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: Seeking Legal Assistance for Unilateral Divorce Services in Vietnam

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