The diffrence between unilateral divorce and consensual divorce

The distinction between consensual and unilateral divorce is based on the parties' real agreement and the issues before the court. Understanding that difference helps spouses prepare the correct request and avoid assuming that one signature can replace the other's consent.

What is consensual divorce?

Consensual divorce according to the provisions of Article 55 of the Law on Marriage and Family 2014 as follows:

In the case where husband and wife jointly request a divorce, if it is deemed that the two parties are really willing to divorce, If they are married and have reached an agreement on the division of property, the custody, rearing, care and education of children on the basis of ensuring the legitimate interests of the wife and children, the Court shall recognize the divorce agreement. 

What is unilateral divorce?

A unilateral divorce under the provisions of the Law on Marriage and Family 2014 is specified in Article 56 as follows:

Article 56. Divorce at the request of one party

1. When a spouse requests a divorce and reconciles If the marriage is unsuccessful, the Court shall grant unilateral divorce if there are grounds for the fact that the husband or wife commits acts of domestic violence or seriously violates the rights and obligations of the husband and wife,...

The differences between consensual divorce and unilateral divorce

In the case of a consensual divorce, it is at the request of both parties that the husband and wife both agree to divorce, and really voluntarily divorce.

On the other hand, a unilateral divorce is due to the will of one party requesting a divorce. In both of these cases, the Court is required to conduct mediation, if the conciliation fails, the divorce settlement will proceed.

But in a consensual divorce, due to the nature of the two parties agreement on the divorce, there is usually a prior agreement on the division of common property and who takes care of the children. When there is an agreement between the two parties, the Court recognizes the divorce agreement and the agreement on division of property and children. If there is no agreement, the Court can be asked to divide the property and settle the person directly raising the child, the support obligation...

As for the unilateral divorce, its nature is due to the will of one party standing up to the request. Divorce often leaves no agreement on property and children. In this case, the Court conducts conciliation, the parties can reach an agreement on the division of property and the child custodian.

Whether dividing property and children in the case of an consensual divorce or a unilateral divorce, both parties have the right to reach an agreement or request a court to settle.

How legal advice can assist

When providing legal services on divorce in Vietnam, Jurion & Partners is responsible for helping with the following matters:

• Support to carry out the dossiers regarding the divorce, the division of assets, and debt among spouses.
• Set the terms for child custody and child support if there are children involved.
• Conduct thorough research in order to gather supporting evidence in each case.
• Compile detailed paperwork and then submit to the court documenting the evidence.
• Living apart is different from divorce under Vietnamese law. Separation does not itself terminate the marriage or automatically establish a separate judicial status. Any private arrangements concerning children or finances need assessment under the applicable law.
• Propose the divorce mediation to come to a sensible divorce agreement that meets both of your needs.
• Others works to provide legal services on divorce in Vietnam​

>>> Read more: 03 Cases That Are Not Allowed To Get Unilateral Divorce

>>> Read more: Consensual Divorce In The Absence Of A Spouse

Legal assistance can include assessing the file, identifying missing records and preparing the requests and evidence for the relevant procedure. The scope and practical next steps should be agreed clearly, without promising a court result or completion date.