What to Do When Both Husband and Wife Want a Divorce?

Divorce is never an easy decision, but in some cases, both husband and wife reach mutual agreement that separation is the best way forward. When this happens, the process may seem simpler than a contested case, yet many couples still feel uncertain about the right legal steps. This article will guide you through the key aspects of handling this situation under Vietnam Law on Marriage and Family, and explain why choosing the right legal support can save you time, effort, and unnecessary disputes. In case you need advice, please contact Apolo Lawyers via email at contact@apolo.com.vn or Hotline (+84) 903 419 479 for the best advice and support.

1. Understanding Consensual Divorce

When both parties agree to end their marriage, the procedure is commonly referred to as a Consensual Divorce. Unlike unilateral divorce, which often involves disputes over children, property, or financial obligations, consensual divorce focuses on mutual understanding and cooperation. This form of divorce is recognized under Vietnamese law and is generally resolved faster, provided that both spouses can reach an agreement on essential issues.

What to Do When Both Husband and Wife Want a Divorce?

2. Why Consensual Divorce Is More Practical

A Consensual Divorce offers several advantages. First, it reduces emotional stress because both spouses move forward with a shared decision rather than engaging in a prolonged legal battle. Second, it minimizes financial costs since the procedure is usually quicker and requires fewer court sessions. Finally, consensual divorce allows couples to maintain respect and dignity, which is especially important if children are involved.

3. Key Steps to Take

When both spouses agree to divorce, they should carefully prepare for the following steps:

• Discuss openly: Agree on child custody, visitation rights, property division, and financial responsibilities.

• Prepare documentation: Jointly prepare necessary papers such as marriage certificate, identification documents, and agreements on custody and property.

• File with the court: Submit the petition for consensual divorce to the competent People’s Court.

• Attend court sessions: Both spouses must be present at court sessions to confirm their agreement and finalize the divorce legally.

4. The Role of Legal Support

Although the process of Consensual Divorce is smoother than unilateral divorce, legal assistance remains highly recommended. A lawyer can review agreements to ensure fairness, advise on potential risks, and represent you at court. Having professional guidance ensures compliance with the law and prevents future disputes.

What to Do When Both Husband and Wife Want a Divorce?

5. Legal Services Provided by Apolo Lawyers

At Apolo Lawyers, we provide comprehensive support in family law matters, including:

• Consulting and drafting agreements for consensual divorce;

• Advising on child custody, visitation rights, and financial support;

• Assisting in property division and settlement of joint obligations;

• Representing clients at court proceedings;

• Offering mediation services to ensure smooth negotiations. 

By choosing Apolo Lawyers, you gain a trusted partner who will safeguard your rights, reduce legal risks, and guide you through every step of the divorce process with professionalism and care.

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.

>>> Read more: Advantages of Consensual Divorce Over Unilateral Divorce 

>>> Read more: Consensual Divorce with Foreign Elements in Vietnam

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