In 2025, what are the conditions for unilateral divorce according to the Law on Marriage and Family in Vietnam? Who has the right to request a divorce in Vietnam?

In 2025, what are the conditions for unilateral divorce according to the Law on Marriage and Family in Vietnam?

According to Article 56 of the Marriage and Family Law 2014 concerning divorce at the request of one party:

- When a husband or wife requests a divorce and reconciliation at the Court is unsuccessful, the Court will grant the divorce if there is evidence that the spouse has committed domestic violence or seriously violated the rights and obligations of the husband or wife, leading to a serious breakdown of the marriage, common life cannot be maintained, and the purpose of the marriage cannot be achieved.

- In the case where the spouse of a person declared missing by the Court requests a divorce, the Court will grant the divorce.

- In cases of divorce requests as stipulated in Clause 2, Article 51 of the Marriage and Family Law 2014, the Court will grant the divorce if there is evidence that the husband or wife has committed domestic violence, seriously affecting the life, health, and spirit of the other.

Additionally, according to Article 4 of Resolution 01/2024/NQ-HDTP of the Judicial Council of the Supreme People's Court of Vietnam, guidance on divorce at the request of one party as stipulated in Clause 1, Article 56 of the Marriage and Family Law is as follows:

Article 4. Divorce at the request of one party as stipulated in Clause 1, Article 56 of the Marriage and Family Law

1. “Husband or wife commits domestic violence” is defined as the act stipulated in Clause 1, Article 3 of the Law on Domestic Violence Prevention and Control.

2. “Serious violation of the rights and obligations of husband and wife” means a violation of the provisions of the Marriage and Family Law concerning the rights and obligations of spouses, seriously infringing upon the legal rights and interests of the other party.

Example: Squandering family assets.

3. “Marriage has fallen into a serious condition, common life cannot be maintained, the purpose of the marriage is not achieved” includes one of the following cases:

a) There is no husband-wife affection, e.g., husband or wife does not care for, respect, assist, or help each other; they live separately, ignoring their spouse;

b) One spouse has an extramarital relationship;

c) One spouse insults the other, causing harm to dignity, honor, or causing mental distress, or physical injury to each other;

d) There is no equality regarding rights and obligations between spouses; there is no respect for the freedom of belief and religion of the husband or wife; no support or conditions for mutual development.

Thus, if one party is able to provide sufficient evidence that the marriage is no longer sustainable, the Court will resolve the divorce according to the law to ensure the legitimate rights of the parties. The court will grant the divorce when:

- Domestic violence: One spouse commits acts of physical, mental, or economic violence as defined by the Law on Domestic Violence Prevention and Control, causing significant harm to the other.

- Serious violation of rights and obligations: Failure to fulfill responsibilities of care, support, and mutual assistance, causing harm to the legitimate interests of the other party.

- Marriage in serious condition, irretrievable: When there is no longer marital affection, prolonged separation, adultery, insult to dignity and honor, or significant inequality in rights and obligations.

- One party is missing: If a spouse is declared missing by the Court, the other has the right to request a divorce.

Who has the right to request a divorce in 2025 in Vietnam?

According to Article 51 of the Marriage and Family Law 2014 concerning the right to request divorce resolution:

(1) The husband, wife, or both have the right to request the Court to resolve the divorce.

(2) Parents or other relatives have the right to request the Court to resolve the divorce when one spouse is suffering from a mental illness or another disease that results in their inability to perceive or control their behavior, and they are also victims of domestic violence perpetrated by their spouse, seriously affecting their life, health, and spirit.

Note: The husband does not have the right to request a divorce if the wife is pregnant, giving birth, or is raising a child under 12 months old.

When does a marriage end according to the law in Vietnam?

According to Article 57 of the Marriage and Family Law 2014, the cessation of marriage and responsibility for sending the divorce judgment or decision are as follows:

- The marital relationship terminates from the date the Court’s divorce judgment or decision takes legal effect.

- The Court that resolved the divorce must send the effective divorce judgment or decision to the agency that registered the marriage for recording into the civil status register, and inform the divorced parties along with individuals, agencies, and organizations in accordance with the Civil Procedure Code and other related laws.

Thus, the marital relationship ends from the date the Court's divorce judgment or decision takes legal effect. Subsequently, the Court will send this decision to the marriage registration agency to update the civil status book, and notify the relevant parties as per regulations.

Please Login to be able to download