The impact of divorce on children

Divorce is not only the legal termination of a marriage but also a life event that directly affects children. The impact of divorce on children is reflected in emotional stability, psychological well-being, and long-term development. Recognizing these effects is essential to ensure that legal decisions and parental conduct prioritize the best interests and lawful rights of children. For legal consultation, please contact Apolo Lawyers via email at contact@apolo.com.vn or via hotline at (+84) 979.489.879 for detailed guidance

1. Definition of Divorce Under Vietnamese Law

Pursuant to the Law on Marriage and Family 2014, divorce is defined as the termination of a marital relationship by a legally effective judgment or decision of the Court. Divorce may occur in the following forms:

• Mutual consent divorce: This form applies when both spouses voluntarily agree to terminate the marriage and reach agreements on related matters.
• Unilateral divorce: This form applies when one spouse files a request for divorce due to a seriously deteriorated marital condition and the impossibility of continuing the common life.

Divorce represents not only the end of a marital relationship, but also leads to multiple consequences, particularly for children.

The impact of divorce on children

2. How Are Children Affected When Parents Divorce?

One of the most frequently raised questions today concerns how children are affected when parents divorce. In practice, the impact of divorce on children is significant and long-lasting.

2.1 Psychological Impact on Children

When parents divorce, children may experience the following psychological conditions, including:

• Sadness, anxiety, and fear
• A sense of insecurity and lack of emotional support
• Feelings of self-blame for the breakdown of the marriage

Many children tend to become withdrawn, reduce social interaction, or display rebellious behavior when appropriate care and attention are absent.

2.2 Impact on Personality Development

Divorce may cause children to experience the following effects:

• Loss of confidence in marriage and family values
• Formation of negative perceptions regarding interpersonal relationships
• Difficulties in emotional regulation

When parents frequently argue or speak negatively about one another in front of children after divorce, psychological harm to children becomes more severe.

2.3 Impact on Education and Daily Life

Various studies indicate that children whose parents divorce are more likely to face the following challenges:

• Decline in academic performance
• Lack of concentration
• Difficulties in social integration with peers

These consequences often result not from divorce itself, but from parental behavior toward children after divorce.

3. Legal Regulations on Child Custody After Divorce

Children represent the primary concern of the Court in divorce proceedings, as children are a vulnerable group requiring special legal protection. Family law stipulates that all decisions regarding child custody must prioritize comprehensive interests of children over disputes between parents.

Divorce does not terminate parental responsibilities. Therefore, the Court must ensure that children receive proper care, upbringing, and stable development after divorce.

3.1 Principles for Determining Child Custody

According to Article 81 of the Law on Marriage and Family 2014:

• Parents may reach an agreement regarding the person directly raising children, along with rights and obligations of each party.
• In the absence of agreement, the Court shall decide custody based on the best interests of children in all aspects.

3.2 Custody of Children Under 36 Months of Age

• Children under 36 months of age are generally assigned to the mother for direct upbringing, except in cases where the mother lacks sufficient conditions for care and upbringing.

3.3 Custody of Children Aged Seven Years or Older

• For children aged seven years or older, the Court must consider expressed wishes of children when determining the person directly responsible for upbringing. Final decisions remain under the authority of the Court.

3.4 Child Support Obligations After Divorce

The person not directly raising children has the following obligations:

• Provision of child support
• Respect for the right of children to live with the person directly providing care

The person directly raising children is not permitted to obstruct visitation and care activities conducted by the other parent.

Child support amounts and payment methods are determined by agreement between parties. In the absence of agreement, the Court shall issue a decision.

4. Measures to Minimize Negative Effects of Divorce on Children

To reduce emotional harm to children, parents undergoing divorce should consider the following measures:

• Maintain respectful and civilized conduct after divorce: Parental behavior directly influences the emotional stability of children. Calm communication and mutual respect help children feel secure and reduce psychological distress.
• Avoid involving children in adult conflicts: Divorce is a matter between parents. Children should not be placed in the position of mediator or forced to take sides. Exposure to hostile disputes may cause anxiety and emotional pressure.
• Ensure continuous love and care from both parents: Even after divorce, children require affection and care from both parents at all stages of development. Ongoing parental involvement supports emotional balance and healthy growth.
• Clarify that divorce is not the fault of children: In certain situations, children may develop feelings of guilt. Clear explanations regarding adult issues help relieve emotional burden and reduce feelings of responsibility.

The impact of divorce on children

Through responsible behavior and appropriate support, parents can help children adapt to life after divorce and maintain healthy development even when parents no longer live together.

Divorce is a difficult but sometimes necessary decision. However, the degree to which children are affected when parents divorce depends largely on adult conduct. Although the law establishes clear regulations to protect rights and interests of children, parental care, responsibility, and emotional support remain decisive factors in shaping future outcomes for children.

5. Legal services Apolo Lawyers provide for divorce cases

Apolo Lawyers – Solicitors & Litigators offers comprehensive legal services designed to help clients achieve a fast divorce while safeguarding their rights and interests. Our services include:

• Consulting on mutual consent and unilateral divorce procedures;

• Reviewing, drafting, and organizing all required divorce documents;

• Representing clients during negotiations on property division and child custody;

• Advising on financial settlements, spousal support, and child support;

• Assisting with recognition and enforcement of foreign divorce judgments in Vietnam;

• Representing clients before the People Court in divorce proceedings;

• Supporting post-divorce procedures, such as civil status registration updates.

With a team of experienced and dedicated lawyers, Apolo Lawyers is committed to guiding you through each stage of the divorce process, ensuring legal compliance and helping you resolve your case as quickly and smoothly as possible.

Divorce is quite a 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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