Compare consensual and unilateral divorce in Vietnam: cooperation, documents, court review, disputed issues and factors that can affect preparation.
What is Unilateral Divorce?
The term "what is unilateral" divorce refers to a legal procedure where one spouse initiates divorce proceedings without the other party consent. According to Article 56 of the Law on Marriage and Family 2014 in Vietnam, a spouse can file for divorce if there is serious discord in the marriage, cohabitation is no longer possible, and the purpose of marriage has failed.
The court will evaluate the situation and make a decision, even if the other spouse refuses to participate or objects to the divorce. This type of divorce can involve complex procedures, especially when it comes to child custody, asset division, and proving the breakdown of the marriage.
What is Consensual Divorce?
A consensual divorce is when both spouses mutually agree to end the marriage, divide assets, determine child custody, and finalize all related matters. As stated in Article 55 of the Law on Marriage and Family 2014, this type of divorce requires both spouses to submit a petition to the court with clear agreements on all relevant issues.
The court must assess voluntary consent and suitable arrangements for children and relevant property issues. The duration depends on the procedural requirements, documents and facts; agreement alone does not guarantee a completion date.
Which One Is Easier to Implement?
When asking “Which is easier: consensual divorce or unilateral divorce?”, the answer is clear consensual divorce is almost always easier, faster, and more cost-effective. Here’s why:
- Lower legal burden: The couple agrees on all issues upfront, eliminating the need for court battles.
- Faster timeline: With mutual agreement, the court process is greatly accelerated.
- Emotional ease: Resolving the divorce amicably helps both parties move on with less trauma.
- Less legal risk: There is minimal chance of appeal or prolonged dispute, ensuring finality.
On the other hand, unilateral divorce requires solid evidence of marital breakdown, especially in cases involving child custody or hidden assets. This often prolongs the process and increases the cost of legal representation.
Challenges in Unilateral Divorce
Although it may be the only option when one spouse refuses to cooperate, unilateral divorce can be emotionally draining and legally challenging:
- Proof of irretrievable breakdown: The petitioner must provide convincing evidence of conflict, abuse, or abandonment.
- Complex asset division: If the other party disagrees, the court must investigate and assess marital property.
- Child custody disputes: Courts will determine custody based on the best interest of the child, which may involve psychological assessments and witness testimony.
How legal support can help
- 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: Mutual divorce consent & Issues need to attention regarding uncontested divorce procedures
>>> Read more: The newest procedures for consensual divorce in Vietnam
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.
