Find the appropriate court for a Vietnam divorce by checking the type of request, residence, territorial rules and any international jurisdiction questions.
Mutual Consent Divorce When Spouses Reside in Different Locations
Mutual consent divorce refers to a situation in which both spouses agree to terminate the marital relationship and have reached agreement on:
- Child custody rights
- Child support obligations
- Division of common property, if any
Pursuant to Article 55 of the Law on Marriage and Family:
“In the event that both spouses jointly request divorce, if the Court finds that the parties voluntarily agree to divorce and have reached agreement on property division and on the care, custody, upbringing, and education of children on the basis of ensuring legitimate rights and interests of the wife and children, the Court shall recognize mutual consent divorce. If no agreement is reached or if such agreement fails to ensure legitimate rights and interests of the wife and children, the Court shall settle the divorce in accordance with law.”
Accordingly, in such circumstances, the application dossier may be submitted to the People Court at the regional level where either spouse resides or is employed.
Unilateral Divorce When Spouses Reside in Different Localities
Unilateral divorce arises when one party files a divorce petition due to serious marital conflict, domestic violence, absence of emotional attachment, or inability to continue cohabitation.
Pursuant to Clause 1, Article 56 of the Law on Marriage and Family, unilateral divorce, also referred to as divorce upon request of one party, is defined as follows:
“When a spouse requests divorce and mediation at the Court fails, the Court shall grant divorce if there are grounds demonstrating that a spouse commits acts of domestic violence or seriously violates rights and obligations of husband and wife, resulting in a serious deterioration of the marital relationship, rendering common life impossible to continue and preventing achievement of the purpose of marriage.”
In such a case, the requesting party must submit the petition to the People Court at the regional level where the respondent resides or is employed.
This provision means that the requesting party may not unilaterally select the place of residence for filing the petition, except in certain special circumstances prescribed by law.
How legal support can help
Jurion & Partners offers comprehensive legal services designed to help clients achieve a fast divorce while safeguarding their rights and interests. Our services include:
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Consulting on mutual consent and unilateral divorce procedures;
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Reviewing, drafting, and organizing all required divorce documents;
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Representing clients during negotiations on property division and child custody;
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Advising on financial settlements, spousal support, and child support;
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Assisting with recognition and enforcement of foreign divorce judgments in Vietnam;
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Representing clients before the People Court in divorce proceedings;
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Supporting post-divorce procedures, such as civil status registration updates.
>>> Read more: Seeking Legal Assistance for Unilateral Divorce Services in Vietnam
>>> Read more: How to File a Unilateral Divorce in Accordance with Vietnamese Law?
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.
