A spouse's refusal does not automatically stop divorce in Vietnam. Learn about legal grounds, service of documents, evidence and disputed issues.
What Is Unilateral Divorce in Vietnam?
Under Article 56 of the Law on Marriage and Family 2014, unilateral divorce is the legal process where one spouse files for divorce without the other agreement. Unlike a consensual divorce, where both parties mutually agree to separate, a unilateral divorce requires the Court to determine whether the marriage has seriously deteriorated.
To proceed, the petitioner must prove that:
- The marriage has irretrievably broken down;
- The couple cannot continue living together;
- The marriage no longer fulfills its essential functions (love, care, and support).
What If the Other Spouse Refuses to Agree?
A common misconception is that a divorce cannot be finalized unless both parties agree. However, in Vietnam, a spouse refusal to divorce does not automatically prevent a court from granting it.
If one spouse does not accept the divorce, the court will still review the petition and decide based on objective circumstances and legal standards. The Court will consider:
- Whether the couple is still living together;
- Whether there is emotional, psychological, or even physical harm;
- Attempts at reconciliation;
- Whether the marriage has lost its meaning and purpose.
So, even if the other spouse strongly opposes the divorce, they cannot block the process indefinitely. The law protects the petitioner right to escape a harmful or unsustainable relationship through legal means.
Grounds for Unilateral Divorce
In order to succeed with a contested unilateral divorce in Vietnam, the petitioner must present valid legal grounds. These may include:
- Domestic violence (physical, emotional, or economic);
- Prolonged separation or abandonment;
- Adultery;
- Substance abuse or criminal behavior;
- Serious conflict, lack of emotional connection, or constant disputes.
Each of these can be considered grounds for unilateral divorce. The burden of proof lies with the petitioner to convince the court that the marriage has seriously deteriorated.
How Does the Court Handle a Contested Divorce?
4.1. Mediation Stage
Vietnamese courts will first require the couple to participate in a reconciliation session. This is a legal formality and a chance for the couple to possibly resolve their issues. However, if reconciliation fails, the court will proceed with the case.
4.2. Evidence Review
The petitioner must provide evidence of marital breakdown—this may include:
- Testimonies from family members or neighbors;
- Medical records (in cases of abuse);
- Text messages or documents showing infidelity or conflict;
- Proof of long-term separation.
Trial and Judgment
After considering the evidence, if the Court determines that the relationship has no chance of recovery, it will grant the divorce even if one party strongly opposes it.
This is a key protection within the divorce process in Vietnam, subject to the court finding that the statutory requirements are met.
How legal support can help
If your spouse refuses to divorce, you still have the right to file for a unilateral divorce and present your case in court. Vietnamese law provides a clear process to protect individuals from being forced to stay in dysfunctional or abusive marriages. Whether you are dealing with emotional estrangement, conflict, or outright resistance from your spouse, knowing what is unilateral divorce and how to assert your rights is the first step.
- 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.
>>> Read more: Who Gets Custody of Children in a Unilateral Divorce in Vietnam?
>>> Read more: Fastest Unilateral Divorce Procedure in Ho Chi Minh City
Discuss your next steps
For advice on the issues discussed in this guide, ask Jurion & Partners to review your circumstances and explain the appropriate legal options before you take the next step.
