Legal Grounds for Unilateral Divorce Accepted by the Court in Vietnam

Unilateral divorce is a legal process where one spouse files for divorce without the consent of the other. In Vietnam, the court only grants unilateral divorce under specific circumstances as regulated by the Law on Marriage and Family. This article will explore the legal grounds for unilateral divorce in Vietnam and the key factors considered by the court. Currently, the Law on Marriage and Family 2014 stipulates that divorce can be carried out in two forms: consensual divorce and unilateral divorce at the request of one party. The grounds for unilateral divorce accepted by the Court fall under one of the cases stipulated in Article 56 of the Law on Marriage and Family 2014. In case you need advice, please contact Apolo Lawyers with Email at contact@apolo.com.vn or Hotline (+84) 903 419 479 for the best advice and support.

1. The spouse of a person declared missing requests a divorce

This ground for divorce is also referenced in Clause 2, Article 68 of the Civil Code 2015. If the spouse of a person declared missing files for divorce, the Court will resolve the divorce according to the provisions of the law on marriage and family.

Thus, if a person has been declared missing by the Court, their spouse has the right to request the Court to resolve the divorce. In this case, the request will be accepted, and the Court will grant the divorce.

Legal Grounds for Unilateral Divorce Accepted by the Court in Vietnam

2. Domestic violence by a spouse

Domestic violence is something no one wishes for in a marriage. It refers to acts committed by a family member that cause harm to the physical, mental, economic, or emotional well-being of another member. Clause 1, Article 2 of the Law on Prevention and Control of Domestic Violence 2022 defines domestic violence behaviors, including:

• Beating, mistreatment, torture, or other acts that intentionally harm health or life.
• Insulting, humiliating, or defaming a person dignity and honor.
• Expelling, isolating, or exerting constant psychological pressure causing serious consequences.
• Preventing the exercise of rights and obligations of family members.
• Forcing sexual relations.
• Coercing or obstructing voluntary, progressive marriage.
• Damaging or infringing upon the common property of the family or other family members.
• Forcing family members to overwork, controlling their income.
• Illegal acts forcing a family member to leave their residence.

3. Severe violation of marital rights and obligations

Severe violations of marital rights and obligations that lead to a serious marital situation, making cohabitation impossible and failing to achieve the purpose of marriage, are also grounds for unilateral divorce accepted by the Court.

Marital rights and obligations are outlined in Chapter 3 of the Law on Marriage and Family 2014, specifically:

• Spouses are equal and have the same rights and obligations in all aspects of family life and as citizens.
• Spouses are obliged to love, be faithful, respect, care for, and assist each other; they must share and fulfill family responsibilities together.
• Spouses must respect, preserve, and protect each other honor, dignity, and reputation; and respect each other’s freedom of belief and religion.

Note:

- Serious marital situation: A serious marital situation is identified when spouses do not love or care for each other, meaning each person only focuses on themselves without concern for their partner. Specifically:

- Cohabitation cannot continue: If one of the above-mentioned situations occurs in reality and has been reminded and mediated multiple times but persists, it is considered that cohabitation cannot continue.

- Failure to achieve the purpose of marriage: The purpose of marriage is to aim for a good life together. If the above-mentioned signs exist, it indicates that the marriage has failed to fulfill its purpose.

Legal Grounds for Unilateral Divorce Accepted by the Court in Vietnam

4. Apolo Lawyers provides consulting services on unilateral divorce procedures

The Vietnamese court grants unilateral divorce based on legitimate reasons demonstrating the irreparable breakdown of a marriage. Understanding these legal grounds helps individuals navigate the divorce process effectively and protect their rights. If you need legal assistance regarding unilateral divorce in Vietnam, consult a professional lawyer to ensure your case is handled correctly. Consulting an experienced family lawyer can provide additional guidance and ensure that legal rights are protected throughout the process.

To better understand the cases of unilateral divorces as well as divorce issues. You should find a reputable divorce lawyer to authorize a lawyer. 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.

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