Is Divorce Permitted During Pregnancy Under Vietnamese Law?

Understand divorce requests during pregnancy in Vietnam, the wife's right to apply and the restriction affecting a husband's unilateral request.

Legal Grounds for Divorce During Pregnancy

Pursuant to Clause 3, Article 51 of the Law on Marriage and Family 2014, a husband does not have the right to request divorce when a wife is pregnant, has given birth, or is raising a child under 12 months of age.

This provision is intended to protect the rights and interests of women and children during a particularly sensitive period in terms of health and psychology. Accordingly, where a husband files a divorce petition in such circumstances, the Court shall return the petition or suspend the resolution of the case in accordance with procedural law.

Is Divorce Permitted During Pregnancy?

Does a Pregnant Wife Have the Right to Request Divorce?

The answer is YES.

The law restricts only the right of a husband to request divorce and does not impose any restriction on the right of a wife. Therefore:

• Where a wife is pregnant and seeks divorce, whether by mutual consent or unilateral petition;
• The Court shall accept and resolve the case in accordance with ordinary legal procedures.

In the case of divorce by mutual consent, if both parties act voluntarily and have reached agreement regarding common children and property, the Court may recognize such agreement in accordance with statutory provisions.

Important Notes Regarding Divorce During Pregnancy

• A child born during the marriage period is legally determined to be a common child of both spouses.

• After divorce, the party not directly raising the child remains obligated to provide child support in accordance with law.
• In the event of a dispute concerning child custody after birth, the Court shall prioritize the best interests of the child.

Is Divorce Permitted During Pregnancy?

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.

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