The rising of divorce rates is a topical issue which reflects changes in social, economic and cultural factors. The main cause is the occurrence of violence in the house, infidelity, financial stress, and emotional disconnect. While divorce provides a solution for struggling couples, it also raises concerns about its impact on family and society.
This article TNP Lawyers aims to provide insights into the trends of divorce in Vietnam, its legal process and guide individuals navigate this life-changing decision effectively.
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.
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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Both spouses jointly request a divorce, and the court will grant the divorce by mutual consent if both parties agree to divorce and reach agreement on the division of property and child custody and care. If the spouses fail to reach an agreement or do not protect the interests of the wife and children, the court will settle the divorce matters.
Before proceeding, the spouse must attempt the conciliation through the court, if fails the court will accept the divorce if finding one of the following conditions: domestic violence, several violations of rights and obligations or one spouses suffer from a mental illness that makes them unable to perceive and control behavior.
Divorce rate can be calculated multiple ways, according to statistics of General Statistics Office, 70% of divorces involve young couples aged 18–30. From 2022 to 2023, Vietnamese courts processed over 243,000 marriage-related cases, increasing caseloads in family courts. This trend has persisted although detailed statistics for 2024 are pending.
In the Southern, divorce rate experiences the highest numbers that show significant regional differences about economic, cultural and societal factors in regions. Divorce happens all over the world, it may be every bit as universal as marriage itself. Vietnam other Southern Asian Countries divorce rate reflect culture influences on marriage.
Reference: Divorce rate 2024
The changing power of women have contributed to the rising divorce trend. Historically, women are still considered a typical servant, lack of freedom, but modern women enjoy greater financial independence, enabling them to leave unhappy marriage
Another factor may probably be is that younger generations are more open to divorce, influenced by global ideas about relationships and individual happiness, which contrasts with traditional Vietnamese values, where marriage is seen as a lifelong commitment. Young couple change attitude about the gender, marriage and family life and seek divorce when met the dissatisfaction or differences in their marriage.
Despite these changes, social prejudices are still against divorce in Vietnam. These changes are believed to require more preparation in terms of psychology, finances, and stability management skills before getting married to reduce divorce rates. Legal and psychological support is also essential to help couples address challenges of marriage and family life.
Under Article 51 of the 2024 law on Marriage and Family, either spouse or both jointly have the right to request the court to resolve the divorce. In addition, parents or other relatives may file for
divorce on behalf of one spouse if that spouse suffers from mental illness or other medical condition that makes them unable to perceive and control their behavior, face serious domestic violence that affects their health or life.
However, the husband does not have the right to request a divorce when his wife is pregnant, giving birth, or raising a child under 12 months old. In contrast the wife still has this right in those cases
In Vietnam, there are two main types of divorces.
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 is determined based on the child’s age and needs. Children under 36 months old are typically living with mother unless exceptional cases apply. Child support payments are calculated based on the financial capacity of the non-custodial parent and the needs of the child.
According to Article 81 of the 2014 Law on and Marriage in Vietnam child custody after divorce is governed by regulations regarding the care, upbringing, and education of children as follows.
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.
There are a few common obstacles when navigating a divorce in Vietnam.
Divorce in Vietnam can be legally complex, especially for foreigners or overseas Vietnamese unfamiliar with the local legal system. Consulting with TNP Lawyers, a distinguished law firm in Vietnam specializing in family matters, is essential to understanding your rights and responsibilities and ensuring a smooth legal process. Our dedicated family law consultants offer valuable guidance and protect your interests during negotiations and settlement agreements.
Our team’s expertise in Vietnamese family law and divorce regulations enables you to make well-informed decisions, leading to fair and equitable outcomes. The increasing divorce rates in Vietnam highlight evolving societal attitudes and economic dynamics. Despite lingering social prejudices, individuals pursuing separation have access to comprehensive legal support through established Vietnamese law firms like ours.
By understanding the legal aspects of divorce and seeking professional counsel from our experienced family law consultants, you can navigate the process confidently and achieve resolutions that address the interests of all parties involved. Our Vietnamese legal professionals are committed to providing culturally sensitive and legally sound advice throughout your divorce proceedings.
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