What is a unilateral divorce?

According to the provisions of the Law on Marriage and Family 2014, divorce is the termination of the husband and wife relationship according to a legally effective judgment or decision of the Court. As a result, both partners may initiate divorce proceedings, depending on their willingness to do so.

Unilateral divorce, as contrast to consensual divorce, refers to a divorce that is requested by one party without the other side's consent. Therefore, the right holder must meet certain legal conditions to carry out the unilateral divorce procedure.

The subject has the right to unilaterally request a divorce and unilaterally divorce conditions

The foundation for a unilateral divorce is that one of the parties has seriously violated the husband and wife regime. As a result, Clauses 1 and 2 of Article 56 of the Law on Marriage and Family 2014 expressly list the following situations in which a husband or wife may unilaterally divorce:

(i) A husband and wife commit acts of domestic violence or seriously violate the rights and obligations of husband and wife, causing the marriage to fall into serious condition, the common life cannot be prolonged, the purpose of the marriage not achieved; or

(ii) The spouse of the person declared missing by the Court requests a divorce.

In addition, Clause 2, Article 51 and Clause 3, Article 56 of the Law on Marriage and Family 2014 also provide for the right to unilaterally request divorce of the spouses' parents or other relatives. They have the right to ask the court to settle a divorce unilaterally when one spouse has a mental illness or another ailment but is unable to understand or regulate their behavior. Their life, health, and spirits are negatively impacted by the domestic abuse their husbands and wives commit against them.

The court shall grant divorce in this case if there are grounds that the husband or wife commits acts of domestic violence, which seriously affects the life, health and spirit of the other.

Procedures for unilateral divorce of Vietnamese law

Jurisdiction to unilaterally settle divorce

A unilateral divorce request must be made in the People's Court of the district where the defendant resides, in accordance with the Civil Procedure Code 2015.

Divorce dossier

When filing an application, the right holder must provide the following documents:

(i) Application for divorce (according to the Court's form);

(ii) Marriage registration certificate (original);

(iii) Identity card/Citizen identity card/Passport of spouse;

(iv) Household registration book of husband and wife;

(v) Child's birth certificate (if disputed);

(vi) Relevant documents proving the property if there is common property;

(vii) Documents proving the violation of the spousal regime.

Besides, if the unilateral divorce is in other special cases (property division, foreign elements, absence, ...) then it is necessary to prepare other documents as prescribed by the Vietnam law.

The procedure

Step 1, after receiving the divorce application file, if deems that the case falls under its jurisdiction, the court must notify the petitioner to pay the court fee advance;

Step 2, within 07 days from the date of receipt of the notice, the petitioner shall go to the Civil Judgment Execution Department to carry out the procedures for paying the court cost advance and submit the receipt of the court fee advance to the Court.

Step 3, the Court accepts the case;

Step 4, the Court conducts conciliation in case the petitioner is a husband or wife, if the conciliation fails, the Court conducts further procedures to bring the case to trial.

Time to resolve unilateral divorce

The time for unilateral divorce will vary depending on the particular case; typically, the trial preparation period lasts from 2 to 4 months from the date of acceptance of the case; the time limit for opening a court session lasts from 1 to 2 months from the date it was decided to go to trial.

Consulting on procedure for unilateral divorce in Vietnam

Do not hesitate to get in touch with the LHLegal Lawyers team if you are looking for reliable and affordable consulting on procedure for unilateral divorce service.

With solid expertise and extensive experience, our Lawyers and Advisors are ready to serve and provide reliable legal support during the unilateral divorce procedure.

After receiving information about the problem that the Client faces, our team of good lawyers in the field of marriage and family will quickly advise on the conditions and procedures of the application procedure. The most appropriate strategy is thus suggested for each unique circumstance. 

Additionally, LHLegal’s Lawyer will directly assist Clients in creating divorce applications as well as other documents that will be submitted to the appropriate agency for settlement.