Learn how to respond to an uncooperative spouse in Vietnam divorce proceedings, including notification, hearings, evidence and unresolved disputes.
What Is a Unilateral Divorce?
A unilateral divorce, as defined in Article 56 of the Law on Marriage and Family 2014, is a legal procedure where one spouse files for divorce without the other agreement. It is often initiated when reconciliation is no longer possible due to serious conflicts, abuse, neglect, or irreparable breakdown in the relationship.
This is different from a mutual divorce, where both parties agree to terminate the marriage and resolve issues like property division and child custody together.
Can a Divorce Still Be Granted Without Spousal Consent?
Under Vietnamese law, a divorce can still be granted even if one spouse does not consent. This is known as a unilateral divorce, which allows one party to legally end the marriage without mutual agreement. The court does not require both spouses to agree to the divorce; instead, it focuses on whether the marriage has irretrievably broken down. If the filing spouse can provide sufficient evidence of serious conflict, abuse, neglect, or inability to live together, the court may approve the divorce regardless of the other party refusal to participate or cooperate.
What If the Spouse Does Not Cooperate?
There are several scenarios in which a spouse may resist a unilateral divorce:
Refuses to Attend Court Sessions
If the other spouse ignores court summons or avoids the proceedings intentionally, the court may still continue the trial in their absence after following proper legal procedures.
Denies the Breakdown of Marriage
Even if the respondent claims the marriage is still viable, the court will evaluate the actual circumstances. If the filing party provides sufficient evidence (e.g., domestic violence reports, separation, infidelity), the court may rule in favor of divorce.
Disputes Child Custody or Property Division
A refusal to settle child custody or property issues doesn not block the divorce. The court will resolve these disputes as part of the judgment, ensuring fairness and prioritizing the best interests of the child.
Legal Procedure When One Spouse Refuses a Divorce
If youa are dealing with a uncooperative spouse, here are the legal steps to follow in Vietnam:
Step 1: Prepare a Divorce Petition
Include detailed information about the marriage, reasons for divorce, and any evidence of marital breakdown (messages, medical records, police reports).
Step 2: Submit the Petition
File it at the People Court where the non-filing spouse resides. If their location is unknown, file at the court in your own place of residence.
Step 3: Court-Led Mediation
The court will arrange a mandatory conciliation session. If the respondent refuses to attend or if reconciliation fails, the court proceeds to trial.
Step 4: Trial and Judgment
The court will consider all evidence, assess the marriage situation, and issue a ruling. Even without the spouse’s consent, the court may grant the divorce if conditions are met.
How legal support can help
- 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.
>>> Read more: Unilateral Divorce in Vietnam While Living Abroad
>>> Read more: Fastest Unilateral Divorce Procedure in Ho Chi Minh City
Discuss your next steps
For advice on the issues discussed in this guide, ask Jurion & Partners to review your circumstances and explain the appropriate legal options before you take the next step.
