Resolving Spousal Realations in Unilateral Divorce

In Vietnam, divorce can be initiated by mutual consent or unilaterally by one spouse. Among the many issues arising from a divorce, personal relations such as the moral obligations and social connections between husband and wife often become complex, especially in a unilateral divorce. This article explores how personal relations between husband and wife are handled under Vietnamese law in such cases, offering legal insight into the rights, duties, and implications following the breakdown of marriage. 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?

A unilateral divorce, under Article 56 of the 2014 Law on Marriage and Family, refers to a situation where one spouse petitions the court for a divorce without the agreement of the other. The court will consider whether serious marital conflict exists, whether cohabitation is impossible, and whether the marriage objectives can no longer be achieved.

This type of divorce often involves complex disputes, including matters related to children, property, and especially personal relations emotional ties, moral obligations, and identity related rights.

Resolving Spousal Realations in Unilateral Divorce

2. Personal Relations in Marriage: Legal Perspective

Under Vietnamese law, personal relations in marriage refer to non-property-related matters such as: Mutual respect, love, and support (Article 19); Equality in marital rights and duties (Article 17); Freedom to pursue religious beliefs, work, study, and participate in social activities (Article 20); Right to determine family domicile and child-rearing responsibilities. These rights and obligations form the foundation of the marital relationship, and their legal status changes significantly after a unilateral divorce.

3. What Happens to Personal Relations After a Unilateral Divorce?

3.1. Termsonal Duties Between Spouses

Once the court issues a divorce judgment or decision, the personal rights and obligations between the husband and wife cease to exist. This includes: No longer having a duty to care for, support, or respect each other as spouses. The right to remarry or live independently without consent from the former spouse. No longer jointly making decisions about the family life.

3.2. Right to Identity and Privacy

Each party regains full control over personal identity and privacy. For example: The wife can decide to resume using her maiden name; Both parties are free to change their domicile or lifestyle without informing the other; Each spouse can pursue relationships or remarry without being subject to the previous spouse’s control or approval.

3.3. Relationship With Children

While spousal personal obligations end, parental responsibilities continue. According to, from Article 81 to 82 of the Law on Marriage and Family: The non-custodial parent still has the right and duty to visit, care for, and support the child; Personal relationships with children are preserved, irrespective of the divorce type. This highlights a critical distinction: divorce ends the marital bond, not the parent-child relationship.

3.4. Moral Obligations Post Divorce

Although the law no longer imposes moral obligations between ex-spouses, cultural norms in Vietnam may still influence behavior. In some cases, parties maintain respectful interactions, especially when co-parenting or sharing social circles. However, such conduct is not enforceable by law it depends on personal choice and mutual consent.

4. Legal Support for Unilateral Divorce

Due to the emotional and legal complexity of unilateral divorce, especially regarding personal rights and family relations, individuals are encouraged to: Consult with a family lawyer for advice on legal procedures; Seek mediation where appropriate, especially in cases involving children; Prepare evidence to prove irretrievable breakdown of the marriage. 

Resolving Spousal Realations in Unilateral Divorce

5. Apolo Lawyers provides consulting services on unilateral divorce procedures

In a unilateral divorce, the personal relations between husband and wife are legally terminated, giving each individual full autonomy over their identity, lifestyle, and personal choices. However, responsibilities toward children remain protected and legally enforced. Understanding these legal boundaries ensures that both parties can move forward with clarity and dignity. If you are considering unilateral divorce or facing related legal issues, contact a qualified Vietnamese family law attorney to protect your rights and navigate the process effectively.

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: Can a Pregnant Wife Get a Divorce in Vietnam?

>>> Read more: What to Do If One Spouse Refuses to Divorce?

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