Unilateral divorce due to domestic violence

Unilateral divorce due to domestic violence is a necessary choice when one spouse suffers physical and psychological harm within a marriage. This action represents not only a lawful right but also an essential step toward self-protection and the pursuit of safety and happiness. Contact Apolo Lawyers – Solicitors & Litigators via Hotline (+84) 903 419 479 or Email contact@apolo.com.vn for quick and effective support. With a dedicated and professional legal team, we are committed to accompanying you throughout the entire divorce process. 

1. Definition of Unilateral Divorce and Domestic Violence

Unilateral divorce refers to a legal proceeding in which one spouse petitions a court to terminate a marriage without the consent of the other spouse. This type of divorce usually arises when the marital relationship becomes severely deteriorated and cohabitation can no longer continue. When initiating unilateral divorce proceedings, parties must comply with the provisions of Article 56 of the Law on Marriage and Family 2014.

Domestic violence includes acts such as physical abuse, verbal assault, financial control, forced sexual relations, and psychological isolation. These actions cause both physical and mental harm and constitute lawful grounds for one spouse to petition for a unilateral divorce.

Unilateral divorce due to domestic violence

2. Legal Provisions on Unilateral Divorce Due to Domestic Violence

Under Clause 1, Article 56 of the Law on Marriage and Family 2014, unilateral divorce is permitted when one party commits domestic violence, causing the marriage to become seriously damaged and the common life impossible to maintain. The law provides as follows:

“1. When a spouse requests a divorce and the conciliation at a court fails, the court shall permit the divorce if it has grounds to believe that a spouse commits domestic violence or seriously infringes upon the rights and obligations of the husband or wife, which seriously deteriorates the marriage and makes their common life no longer impossible and the marriage purposes unachievable.”

Acts of domestic violence are also specified in Clause 1, Article 3 of the Law on Prevention and Control of Domestic Violence 2022. These behaviors are considered acts of domestic violence whether the parties remain married or have already divorced.

Accordingly, when a spouse commits any act of domestic violence as prescribed by law, the other party has the right to request a unilateral divorce to protect lawful rights and interests.

3. Application of Legal Provisions in Cases of Unilateral Divorce Due to Domestic Violence

To initiate a unilateral divorce due to domestic violence, the victim must prepare the following documents:

• Divorce petition;
• Original Marriage Certificate;
• Certified copy of Birth Certificates of common children (if any);
• Certified copies of Identity Cards and household registration books of both spouses;
• Documents proving common property.

The file shall be submitted to the court where the party committing domestic violence resides or works. After submission, the court shall review and accept the case. If sufficient evidence of domestic violence is established, the court shall issue a judgment granting the unilateral divorce and ensuring lawful rights and interests of the victim and children.

4. Importance of Unilateral Divorce in Cases of Domestic Violence

Unilateral divorce in cases involving domestic violence serves as both a legal right and a vital protective measure for life, health, and dignity. Termination of marriage under such circumstances enables the victim to escape a toxic environment, safeguarding personal safety and that of children.

Domestic violence inflicts deep physical and psychological wounds. Whether the abuse lasts long or short, it has severe emotional consequences. When one party continuously endures violent behavior, ending the marriage becomes not only a legal entitlement but also a path toward freedom, mental stability, and self-respect.

Unilateral divorce due to domestic violence

Moreover, unilateral divorce in these cases plays a social role by denouncing acts of domestic violence and affirming the authority of law in protecting victims and promoting justice. For families with children, exposure to violent environments can cause lasting psychological harm. A violence-free environment ensures healthy, safe, and happy development for children.

5. Legal Services by Apolo Lawyers

At Apolo Lawyers, we specialize in handling divorce and division of assets after divorce in Vietnam, including complex cases involving foreign spouses and real estate ownership. With a team of experienced Vietnam divorce lawyers, we are committed to protecting our clients rights and achieving fair, transparent outcomes.

Our key services include:

• Legal consultation on divorce procedures and property division;
• Representation - divorce lawyer, in court proceedings and asset dispute resolution;
• Drafting and negotiating marital property settlement agreements;
• Assistance in international divorce and cross-border property division;
• Advisory on foreign ownership of real estate and compliance with Vietnamese law.

With Apolo Lawyers, clients can rely on trusted legal representation that combines deep local knowledge and international understanding to ensure the best protection of their assets and interests.

If you need any help, contact us via email at contact@apolo.com.vn or Hotline: (+84) 903 419 479.

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