Which Is Easier: Consensual Divorce or Unilateral Divorce?

Consensual Divorce 19/04/2025

In Vietnam, divorce can be pursued through either consensual divorce or unilateral divorce. A consensual divorce is where both spouses mutually agree on all matters such as asset division and child custody, making the process quicker, less costly, and less emotionally taxing. In contrast, a unilateral divorce occurs when one spouse files for divorce without the other consent, often involving complex legal procedures, evidence of marital breakdown, and potential disputes over children or property. 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.

Divorce is never easy, but the legal process can either be straightforward or complicated depending on whether both parties agree to end the marriage. In Vietnam, two legal pathways to divorce exist: consensual divorce and unilateral divorce. This article examines the key differences between these two types of divorce and analyzes which one is easier to implement all under the framework of Vietnamese law. 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. 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.

Which Is Easier: Consensual Divorce or Unilateral Divorce?

Which Is Easier: Consensual Divorce or Unilateral Divorce?

2. 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.

This route is significantly faster, less expensive, and emotionally less stressful. The court role is simply to verify the mutual agreement and issue a decision typically within 1-2 months, depending on the court’s caseload.

3. 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.

4. 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.

Which Is Easier: Consensual Divorce or Unilateral Divorce?

Which Is Easier: Consensual Divorce or Unilateral Divorce?

5. Apolo Lawyers provides consulting services on unilateral divorce procedures

Whether you are pursuing a mutual divorce or facing the challenges of a unilateral divorce, our team is ready to guide you every step of the way with discretion, expertise, and empathy. Our company provides fast unilateral divorce services in Ho Chi Minh City such as:

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.

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.

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