When a marriage fails to achieve its purpose, and one spouse refuses to sign the divorce papers, unilateral divorce becomes the last resort. You should consider carefully and consult a lawyer before making a final decision.
In this article, TNP will provide you with insights into the conditions and procedures for unilateral divorce, helping individuals make informed decisions and protect their rights during this challenging process.
According to Clause 14, Article 3 of the Law on Marriage and Family 2014, divorce means termination of the husband-and-wife relation under a court’s legally effective judgment or decision.
Unilateral divorce is a form of divorce at the request of one party under a court’s legally effective judgment or decision according to Article 56 of the 2014 Law on Marriage and Family,
In Vietnam, Unilateral divorce and mutual divorce show key differences in ending a marriage. The primary difference is the approach and necessity of agreement. While the decision is made independently by one spouse in a unilateral divorce, a mutual divorce reflects a collaborative decision, solving the marriage together.
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In Article 4 of Resolution 01/2024/NQ-HDTP, the Council of Judges of the Supreme People’s Court has provided conditions on unilateral divorce. When Husband or wife acts domestic violence which specified in Clause 1, Article 3 of the Law on Prevention and Control of Domestic Violence 2022.
Next is serious violations of the rights and obligations of husband and wife leading to serious infringement of the rights and legitimate interests of the other person. Especially, serious marriage, common life cannot be prolonged, the purpose of marriage cannot be achieved.
When husband and wife do not love, respect, care for, or help each other; husband and wife live separately, abandon each other, or insult each other, damage each other’s honor, dignity, reputation, mental loss or cause injury, damage to each other’s health.
In some case both spouses are not equal in rights and obligations, not respecting the freedom of belief and religion, not helping or creating conditions for each other to develop. Accordingly, unilateral divorce for the above reasons will be considered a legal reason.
Beyond simply following the outline for filing a divorce, having a thorough understanding about the legal grounds and key procedures will provide you with a more comprehensive perspective and better preparation throughout the divorce process. Unilateral divorce can be filed for various legal reasons, such as differences, infidelity, abuse, abandonment. To proceed, the filing spouse must provide clear and persuasive evidence that the marriage has irreparably broken down.
Forms and documents must include specific legal documents, a petition for divorce, financial disclosure statements and any additional paperwork. Service and Notice are ensured proper to the non-filing spouse is crucial in adherence to legal procedures. Compliance with the regulations for delivering. Ensure that you prepare all required legal documents as follows:
If the spouse refuses to provide the certificate or does not possess it, the other party may request an extract of the marriage registration certificate from the People’s Committee of the Commune or ward.
Submitting the divorce application to the appropriate court is a critical step in initiating legal proceedings for the dissolution of marriage. According to Article 39 of the Civil Procedure Code 2015, the process involves specific requirements and procedures that applicants must carefully follow to ensure a smooth and compliant filing.
The divorce application must be submitted to the district-level People’s Court where the respondent (the other spouse) resides or works. If the divorce application meets all procedural and legal requirements, the court will formally accept the case. At this stage, the court will initiate the legal proceedings, following established civil procedural laws. The acceptance of the application marks the beginning of the court’s active role in managing and adjudicating the divorce case.
After receiving the divorce application and the supporting documents, the court will review the submission to determine whether it complies with procedural and legal requirements. Within five working days, the court will decide if the case is eligible for acceptance. If the court accepts the case, the applicant will receive a formal notification instructing them to pay a temporary court fee. The amount of this fee is determined based on the nature of the case and jurisdictional regulations.
Upon the receipt for the fee payment, the court will officially handle the case. The court will evaluate the legal grounds for unilateral divorce, and the other spouse will be formally informed, and the court will attempt discussion between two spouses. This step aims to explore whether marital disputes can be resolved amicably, avoiding the need for prolonged litigation Individual should consider time fee payment and document retention.
According to Article 54 of the 2014 Law on Marriage and Family, once the court accepts the case and requests the parties to conduct mediation at the Court. During the phase, the court has authority to invite both parties to discussion. This aims to explore the root causes of conflict, promote understanding, and encourage reconciliation.
Addressing the various issues that arise during a divorce, such as property division, child custody, and spousal support, is one of the most challenging stages. Each of these issues requires careful consideration of the facts, as well as negotiation between the parties involved. If mediation proves successful and both parties reach an agreement, the court will formalize this agreement by issuing a reconciliation document within seven days.
If unsuccessful, the court will schedule a first-instance trial and notify the parties of the time and location. During the trial, the court will evaluate the arguments and evidence presented by both sides such as the property division, child custody and any financial supporting obligations.
According to Resolution 326/2016/UBTVQH14, In cases where the divorce involves no dispute over the division of property, the fee is set at a standard rate of 300,000 VND. Where the divorce is complicated by disputes over property, the fees are calculated based on the value of the property.
After the fees are calculated, the next step in the divorce filing process is to pay the applicable fee to the court. Once payment is made, the party filing for divorce is required to submit the fee payment receipt to the court.
This receipt serves as proof that the appropriate fee has been paid and is essential for the court to process the divorce application. Without the receipt, the court will not proceed with the filing or may delay the legal process until the correct payment is made.
Division of Property and Debts: Vietnamese law distinguishes between community property and separate property within a marriage. Common property is created by incomes generated from labor, production and business activities, yields and other lawful incomes in the marriage period; property jointly inherited by or given to both, and other property agreed upon by husband and wife as common property.
While separate property is the property owned by this person before marriage; property inherited by or given separately to him/her during the marriage period. Courts typically consider the main factors when determining how to divide property and shared debts, considering the length of the marriage, financial contributions, and the needs of both parties.
Regarding the debts during marriage, mortgages, loans, or credit card balances, are also considered in the division. The goal is equal, and fair based on the circumstances.
Child Custody and Visitation: Factors such as the child’s age, emotional stability, and educational needs are considered, along with each parent’s ability to provide a stable, nurturing environment. Visitation rights are typically granted to the non-custodial parent, and the court establishes a schedule to ensure regular contact with the child.
On average, unilateral divorce cases may take anywhere from 4 to 6 months to resolve, depending on the complexity of the case and the willingness of the parties to cooperate. In some instances, the process may be shorter if both parties agree on key issues, while in more contentious cases, it may take longer due to disputes over property, custody, or support.
Agreement Between Spouses: Mutual consent divorces, where both parties willingly agree to the divorce and all related matters such as property division, child custody, and spousal support, typically resolve within 1 to 3 months. In contrast, unilateral divorces is that one or both spouses disagree on key issues, can take significantly longer. The more disputes there are, the more time-consuming the process becomes.
International divorces often require additional steps to ensure that the divorce complies with both Vietnamese and international legal standards. These processes can be time-consuming and complicated.
Legal professionals help facilitate negotiations and mediate disputes between the parties, potentially reducing the time required to reach an agreement. However, the legal fees associated with hiring experienced lawyers can be significant, particularly in contentious or international divorce cases. Although the costs may be high, having competent legal representation can ultimately help expedite the process by reducing delays and avoiding mistakes in the legal proceedings.
In Vietnam, court fees for divorce cases are generally not significant compared to other legal proceedings. The fees are typically set at a fixed amount and are relatively low, making them affordable for most individuals. However, it is important to note that if the case is contested, additional costs may be incurred, particularly in relation to the duration of the proceedings and the need for extra hearings.
For divorces involving a foreign spouse or international elements, there are additional costs for translating and certifying documents. Marriage certificates, legal documents, and court filings may need to be translated into Vietnamese and certified by both Vietnamese and foreign authorities. These translation and certification fees can add to the overall cost of the divorce process.
Good advice and support throughout the unilateral process with experienced divorce lawyers or mediators help you make the best decision that aligns with your best interests.
Experienced Lawyers will help couples talk to each other calmly and understand each other’s points of view. They find the real reasons behind conflicts and suggest ways to fix them or come to an agreement with the guided negotiation processes, and compliance with legal standards. Lawyers help protect the rights and interests of both parties and make the process smoothly.
Navigating unilateral divorce requires a deep understanding of legal processes and emotional resilience. Armed with professional guidance and comprehensive knowledge, individuals can confidently make informed decisions for their future.
If you are exploring divorce, reconciliation, or legal separation, TNP Lawyers offers expert assistance tailored to your needs. Contact us for personalized consultation and take crucial steps in ensuring a fair and efficient resolution.
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