How to File a Unilateral Divorce in Accordance with Vietnamese Law?

In the context of marriage and family relationships, the legal system of Vietnam provides two primary types of divorce: consensual divorce and unilateral divorce. Among these, what is unilateral divorce is a question frequently raised by individuals who wish to terminate their marital relationship without the consent of the other party. This article aims to provide a comprehensive legal analysis of unilateral divorce under Vietnamese law and clarify the lawful procedure to ensure compliance with legal standards. In case you need advice, please contact Apolo Lawyers via email at contact@apolo.com.vn or Hotline (+84) 903 419 479 for the best advice and support.

1. What is Unilateral Divorce Under Vietnamese Law?

In accordance with Article 56 of the Law on Marriage and Family 2014, unilateral divorce also referred to as divorce at the request of one party occurs when one spouse files for divorce without the agreement of the other. The court shall consider and decide to grant the divorce if there are sufficient grounds that the marital relationship has seriously deteriorated, cohabitation cannot be prolonged, and the purpose of marriage is no longer achievable. This differs significantly from a consensual divorce, where both parties agree to all aspects of the separation, including property division and child custody. In contrast, a unilateral divorce often involves disputes over those issues, requiring legal intervention and judicial resolution.

How to File a Unilateral Divorce in Accordance with Vietnamese Law?

2. Legal Grounds for Unilateral Divorce

The court will only grant a unilateral divorce when certain legal conditions are satisfied. Specifically, the petitioner must prove that:

• The marriage is no longer sustainable due to serious conflicts.
• The couple no longer lives together or the relationship is no longer genuine.
• There is psychological, physical abuse, or other forms of harm to one of the spouses or children.

In cases where one spouse is mentally incapacitated and a family member requests divorce on their behalf, the court must verify the mental illness and confirm that such condition is detrimental to the other party or the children involved.

3. Legal Procedure for a Lawful Unilateral Divorce

To initiate a lawful unilateral divorce in Vietnam, the petitioner must follow these steps:

3.1. Preparation of Legal Documents

The individual must prepare and submit a complete set of documents, including: Petition for unilateral divorce (using the prescribed court form); Original or certified copy of the marriage certificate; Copies of identification documents of both parties (ID/Passport, household registration); Copies of children birth certificates (if applicable); Proof of ownership of assets and debts (if applicable); Other documents evidencing the marital conflict or abuse (if any).

3.2. Filing the Petition

The petition shall be filed at the People Court of the district where the respondent resides. In case the respondent is missing or unknown, special procedures may apply as per the Civil Procedure Code.

3.3. Court Acceptance and Mediation

After reviewing the documents, the court will accept the case and conduct mediation sessions in accordance with Article 54 of the Law on Marriage and Family. If reconciliation fails, the court will proceed with the trial.

3.4. Court Hearing and Judgment

During the court hearing, evidence will be examined, and both parties will present their arguments. The court shall decide whether the conditions for divorce are met. If so, a judgment to grant divorce will be issued. The judgment may also include decisions on child custody, alimony, property division, and debt obligations.

4. Key Issues to Consider

4.1. Child Custody

In unilateral divorce cases, the court prioritizes the best interests of the child. Normally, a child under 36 months of age will be entrusted to the mother, unless the mother is unfit. Children aged 7 or older will be consulted regarding their preferences.

4.2. Division of Marital Property

The division must comply with the principle of fairness. Common property is generally divided equally but may be adjusted based on the contribution of each spouse, the care of children, or misconduct such as adultery or abuse.

4.3. Court Fees and Duration

Court fee: Approximately VND 300,000 for divorce without property disputes. Additional fees apply when assets are contested. Timeframe: From 4 to 6 months, or longer in case of complex issues or absent respondents.

How to File a Unilateral Divorce in Accordance with Vietnamese Law?

5. Apolo Lawyers provides consulting services on unilateral divorce procedures

Unilateral divorce is a legally recognized and regulated process under Vietnamese law. Understanding what is unilateral divorce and following the proper legal procedures are essential to ensure that one rights and interests are protected throughout the judicial process. It is highly advisable for individuals facing such circumstances to seek legal counsel from experienced family law practitioners to navigate potential complications, especially in cases involving children or disputed assets.

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: Resolving Spousal Realations in Unilateral Divorce

>>> Read more: Can a Pregnant Wife Get a Divorce in Vietnam?

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