The Different Between Consensual Divorce and Unilateral Divorce Under Vietnamese Law

Divorce is a legal process that officially ends a marriage, and in Vietnam, there are two primary types of divorce: consensual divorce and unilateral divorce. Understanding their differences is crucial for individuals seeking legal separation. This article will explain what is a unilateral divorce, compare it with consensual divorce and outline the legal procedures for both under Vietnamese law. In case you need advice, please contact Apolo Lawyers, Email at contact@apolo.com.vn or Hotline (+84) 903 419 479 for the best advice and support.

1. Definition

Consensual divorce occurs when both spouses mutually agree to divorce and have reached an agreement on all related matters, including marital relationship, child custody, alimony, and property division.

Unilateral divorce occurs when one spouse wishes to divorce without the consent of the other, and disputes arise concerning marital relations, child custody, alimony, or property division.

The Different Between Consensual Divorce and Unilateral Divorce Under Vietnamese Law

2. Nature

Consensual divorce is a civil matter without disputes. Both spouses agree to divorce, reach an agreement on all related issues, and jointly sign the divorce petition. The court processes a consensual divorce by issuing a decision recognizing the parties agreement.

Unilateral divorce is a civil lawsuit involving disputes over marital relations, child custody, alimony, or property division. The court resolves unilateral divorce cases through a judgment.

3. Conditions

For consensual divorce: Both spouses voluntarily agree to divorce; They have reached an agreement on terminating the marital relationship, child custody, alimony, and division of assets and liabilities.

For unilateral divorce: If reconciliation at the court fails, the court grants a divorce if one spouse has committed acts of domestic violence or seriously violated marital obligations, making the marriage irretrievably broken; If one spouse is declared missing by the court, the other spouse can request a divorce; If one spouse suffers from a mental illness or another condition that renders them incapable of understanding or controlling their actions and is a victim of domestic violence by their spouse, their relatives can request a divorce on their behalf. The petitioner must provide sufficient evidence to support their claims for the court to accept and resolve the case.

4. Restrictions on Divorce Rights

For consensual divorce: There are no restrictions as long as both parties agree to divorce and resolve related matters amicably.

For unilateral divorce: A husband cannot request a divorce if his wife is pregnant or nursing a child under 12 months old.

5. Procedure

For consensual divorce: After receiving a valid application, the court reviews the petition and issues a notice for advance court fees; The petitioner submits the court fee receipt to the court, and within 15 working days, the court arranges a mediation session; If mediation fails, the court issues a decision recognizing the divorce within 7 working days.

For unilateral divorce: After receiving the divorce petition, the court reviews and accepts the case, then notifies the petitioner to pay the court fee; The court conducts mediation, and if unsuccessful, proceeds to trial; The process typically takes 4 months, with an extension of up to 2 months for complex cases.

Both consensual divorce and unilateral divorce have distinct legal implications and procedures under Vietnamese law. Understanding what is a unilateral divorce and how it differs from consensual divorce helps individuals prepare for legal proceedings effectively. If you are considering a divorce in Vietnam, consulting a family lawyer can help navigate the complexities of the process and protect your rights.

The Different Between Consensual Divorce and Unilateral Divorce Under Vietnamese Law

6. Apolo Lawyers provides consulting services on unilateral divorce procedures

When a husband commits adultery but refuses to agree to a divorce, a wife has the legal right to file for unilateral divorce in Vietnam. She must provide valid evidence of the affair and prove that the marriage has irretrievably broken down. Understanding what is a unilateral divorce, the grounds for unilateral divorce, and the divorce procedure in Vietnam helps women navigate the legal system effectively. 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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