Procedures for the recognition of consensual divorce

Procedures for the recognition of consensual divorce constitute a judicial process conducted by a court for the purpose of recording the termination of a marital relationship when both spouses voluntarily agree to divorce and reach agreement regarding common children, common property and common obligations. This process is considered less complex than unilateral divorce; however, all procedural steps and dossier requirements prescribed by law remain mandatory. Clear understanding of the procedural sequence enables involved parties to comply with statutory requirements, shorten the processing period and safeguard lawful rights and interests of each party. 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. Concept of Consensual Divorce

Under Article 55 of the Law on Marriage and Family 2014, consensual divorce is defined as follows:

“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.”

Pursuant to Article 3 of Resolution 01/2024/NQ-HĐTP, the following provisions apply:

1. “Joint request for divorce” means that spouses jointly sign a petition for recognition of consensual divorce, agreement on child custody and property division upon divorce, or one party files a divorce petition while the other party agrees to divorce, agrees on child custody and property division upon divorce.
2. Agreements on property division and on custody, upbringing, care and education of children must not contravene prohibitions under law and must not violate social morality.
3. Agreements on property division include cases where spouses do not request the court to settle property division.
4. “Custody, upbringing, care and education of children” refers to the custody, upbringing, care and education of minor children, adult children who lack legal capacity, or adult children who are incapable of working and lack assets for self-support.

Procedures for the recognition of consensual divorce

Accordingly, the court examines voluntariness of both parties, the content of agreements and issues a decision recognizing consensual divorce when statutory conditions are satisfied.

2. Content of the Petition for Recognition of Consensual Divorce

A petition submitted to a court for recognition of consensual divorce must include the following principal elements:

a) Date of the petition;
b) Name of the competent court;
c) Name, address, telephone number, fax number and email address (if any) of the requesting party;
d) Specific matters requested for court settlement, together with reasons, purposes and legal grounds;
đ) Name and address of individuals related to the matter (if any);
e) Other information deemed necessary for settlement of the request.

A petition containing full and accurate information enables prompt judicial processing and avoids requests for supplementation. Spouses jointly requesting court recognition of consensual divorce, agreement on child custody and property division upon divorce must sign or fingerprint the petition. In such cases, both spouses are identified as requesting parties.

The requesting party must submit documents and evidence demonstrating that agreements on consensual divorce, child custody and property division are well-founded and lawful.

3. Competent Authority for Receipt of divorce by mutual consent 

Under current regulations, the dossier for recognition of consensual divorce shall be filed with a district-level court at the place of residence or workplace of either spouse.

Where foreign elements are involved (one spouse residing abroad or property located abroad), jurisdiction belongs to a district-level court at the residence of the Vietnamese citizen in accordance with regulations on annulment of illegal marriage, divorce settlement and disputes concerning rights and obligations between spouses, between parents and children, recognition of parentage, child adoption and guardianship involving Vietnamese citizens residing in border areas and citizens of neighboring countries residing in corresponding border areas.

4. Court-Led Mediation Procedure

Mediation is a mandatory procedure in the process of resolving requests for recognition of consensual divorce. After accepting the dossier, the court conducts mediation with the aim of achieving reconciliation or reducing conflicts between both parties.

If spouses reconcile after mediation, the judge issues a decision to terminate case resolution.

If mediation fails, the judge issues a decision recognizing consensual divorce and agreements of involved parties upon expiry of the statutory period and upon satisfaction of the following three conditions:

• Both parties genuinely and voluntarily agree to divorce;
• Both parties reach agreement on division or non-division of common property and on custody, upbringing, care and education of children;
• Agreements ensure legitimate rights and interests of the wife and children.

Procedures for the recognition of consensual divorce

If mediation fails and disputes newly arise, or no agreement is reached regarding property division or child custody, the court shall issue a decision to suspend the civil matter on recognition of consensual divorce, child custody agreement and property division upon divorce, and shall accept the case as a civil lawsuit. In such circumstances, the court is not obligated to issue a notice of case acceptance and is not required to reassign a judge. Case settlement shall proceed under general procedures prescribed by the Civil Procedure Code 2015.

5. Legal Services Provided by Apolo Lawyers

At Apolo Lawyers, we provide comprehensive support in family law matters, including:

• Consulting and drafting agreements for consensual divorce;

• Advising on child custody, visitation rights, and financial support;

• Assisting in property division and settlement of joint obligations;

• Representing clients at court proceedings;

• Offering mediation services to ensure smooth negotiations. 

By choosing Apolo Lawyers, you gain a trusted partner who will safeguard your rights, reduce legal risks, and guide you through every step of the divorce process with professionalism and care.

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: Advantages of Consensual Divorce Over Unilateral Divorce 

>>> Read more: Consensual Divorce with Foreign Elements in Vietnam