Are you in need of legal assistance with divorce procedures in Vietnam. Whether mutual or unilateral, divorce is a challenging and emotional process. Understanding the knowledge about marriage and divorce of Vietnamese family law will help individuals make more manageable decisions and protect their rights.
In this article, TNP will provide a comprehensive guide on how to divorce in Vietnam to help you acknowledge all the legal procedures and considerations.
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,. When One spouse may request, he divorce process without requiring the agreement, participation, or consent of the other, often citing reasons such as irreconcilable differences, instances of abuse, or significant marital discord as perceived by the initiating party.
Mutual divorce requires the consent and cooperation of both spouses, with both partners jointly agreeing to the ending of the marriage, typically involving open discussions and shared decisions to end the marital relationship.
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According to Article 81 of the 2014 Law on Marriage and Family in Vietnam, child custody after divorce is governed by regulations regarding the care, upbringing, and education of children. The parties agree on who will be the primary carer and each other’s rights and obligations. If failure, the court will align with the related regulations about child custody.
Vietnamese law distinguishes between sole custody and joint custody after divorce. and separate property within a marriage. Article 84 of the 2014 Law on Marriage and Family stipulates that:
Article 33 of the Law on Marriage and Family 2014 stipulates that common property of husband and wife includes property jointly inherited by or given to both, and other property agreed upon by husband and wife as common property. The land use rights obtained by a spouse after marriage shall be considered a jointly owned marital asset of husband and wife, unless they are separately inherited by, or given to a spouse, or obtained through transactions made with separate property.
Regarding separate property, article 43 of the Law on Marriage and Family 2014 stipulates: Separate property of a spouse includes property owned by this person before marriage; property inherited by or given separately to him/her during the marriage period; property divided separately by agreement of the spouses dividing a part or whole of common property; property to meet his/her essential needs and other property under his/her ownership as prescribed by law. Property created from separate property of a husband or wife is also property of his/ her own.
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 delivery. 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.
The divorce process includes several main steps, filling the divorce document, joining mediation and reaching an agreement.
Both spouses must jointly prepare and sign a divorce petition, ensuring that all necessary documents are gathered (e.g., marriage certificates, ID, property documents, child custody agreements).
The completed documents must be submitted to the Court where either spouse resides
The court reviews the application and handle mediation session which both spouses have to attend to agree about key divorce (property division and children)
If both parties agree on the terms, the court will grant a divorce decision.
The procedure for unilateral divorce involves steps similar to mutual consent divorce as follows:
One spouse must prepare and sign the divorce petition and gather all necessary supporting documents.
The completed petition is submitted to the People’s Court in the jurisdiction where the respondent (the other spouse) resides.
The court will review the application and schedule mediation to further evaluate the case. Both parties must attend the hearing. The petitioner will present evidence supporting the grounds for divorce, which may include proof of domestic violence, abuse, or other serious breaches of marriage.
The petitioner (spouse) shall pay the first-instance civil court fee advance at the district-level Judgment Execution Sub-Department within 07 working days after receiving the Court’s notice. The level of court fee advance is specified in Resolution 326/2016/UBTVQH14
The process includes filing for divorce, participating in court mediation, and resolving the case in court. The duration depends on the complexity of the case, typically lasting 4–6 months for unilateral divorces, while mutual consent divorces are resolved in a shorter time frame.
Child custody is an important issue in divorce. The court will consider the following key factors to make decisions about custody:
The parties can provide evidence to demonstrate their ability to provide the child with optimal living conditions as well as emotional support such as their salary statements, documents proving their income, other financial resources etc. The court evaluate this capacity to safeguard the children in both physical and mental development.
The court may consider the child’s interest depending on ages and their maturity. And maintaining sibling relationships: Siblings are often considered vital to a child’s development with companionship and emotion, a sense of safety during divorce time. Therefore, if there are siblings involved, the court generally strives to ensure that a custody arrangement allows the child to remain together whenever possible.
Article 82 of the 2014 Law on Marriage and Family stipulates the obligations and rights of the father or mother who does not directly raise the child after divorce as follows:
If the parent who does not directly raise the child abuses the right to visit the child to hinder or negatively affect the care, upbringing, and education of the child, the parent who directly raises the child has the right to request the Court to limit that person’s right to visit the child.
In Vietnam, Court may consider several factors when divide the property and debt division:
The party facing more difficulties after the divorce is entitled to a larger share of the property than the other party or is given priority to receive the type of property necessary to ensure the maintenance and stability of their lives. Such distribution must align with the actual circumstances of the family and both spouses.
This encompasses the contributions of each spouse’s personal property, income, housework and labor towards the creation, maintenance, and development of common property. The party with greater contributions to common property will be entitled to a larger share of the property.
The division of common property must ensure that husband and wife who are engaged in professional activities can continue to practice their profession; husband and wife who are engaged in production and business activities may continue to produce and do business to generate income and must pay the other party the difference in property value.
When dividing property upon divorce, faults such as domestic violence and infidelity are considered by the court to decide on the division ratio of common assets.
Time settlement of a consensual divorce lasts about 02 – 03 months, from the date the Court accepts the application.
For unilateral divorce, the settlement time is longer, possibly from 04 – 06 months. Due to possible disputes over child custody and property, the settlement time may be even longer.
According to Resolution 326/2016/NQ-UBTVQH14, the specific court fees for divorce are as follows:
Seeking legal assistance can be beneficial during the divorce process. A lawyer can help you understand your rights, prepare necessary documents, and represent you in court. Assistance from a legal professional is crucial, particularly in intricate cases related to property conflicts or disputes over child custody.
Divorce is a significant life event that requires careful consideration and understanding of the legal procedures involved. Whether pursuing a mutual consent or a unilateral divorce, it is essential to be well-informed and prepared. By following the steps outlined in this guide and seeking legal assistance, when necessary, you can navigate the divorce process in Vietnam more smoothly and effectively.
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