Is it possible to get a divorce in Vietnam if the wife refuse to live with the mother-in-law? What are related judgments on this matter?

1. Is it possible to get a divorce in Vietnam if the wife refuse to live with the mother-in-law?

According to the provisions of Article 56 Law on Marriage and Family 2014 of Vietnam regarding divorce at the request of one party

Divorce at the request of one party

1. When a spouse requests a divorce but the conciliation at the Court is unsuccessful, the Court may grant the divorce if there are grounds that the spouse has committed acts of domestic violence or seriously violated the rights and duties of the husband or wife, making the marriage seriously deteriorated, the common life cannot last, and the purpose of the marriage is not achieved.

At the same time, Article 4 of the Resolution 01/2024/NQ-HDTP guiding the divorce at the request of one party states:

- “The spouse commits an act of domestic violence” is the act defined in Clause 1, Article 3 of the Law on Domestic Violence Prevention and Control 2022.

- “Serious violation of the rights and duties of the husband and wife” means a violation of the provisions of the Law on Marriage and Family 2014 on the rights and responsibilities of the husband and wife which seriously infringes upon the legitimate rights and interests of the other party.

For example: the spouse squandering family assets.

- “The marriage is seriously deteriorated, the common life cannot last, the purpose of marriage is not achieved” falls into one of the following cases:

+ There is no spousal affection, for example: the spouses do not love, respect, care for, and help each other; the spouses live separately, neglecting the other;

+ The spouse has an extramarital affair;

+ The spouses insult each other, causing damage to honor, dignity, prestige, mental loss, or physical injury;

+ There is no equality in the rights, duties of the spouses; lack of respect for the religious freedom of the other; lack of help and conditions for each other to develop.

Therefore, according to the above regulations, just not liking to live with a mother-in-law is not sufficient grounds to request a unilateral divorce.

However, if there are intense conflicts with the mother-in-law and signs of domestic violence, and the husband does not love, respect, care for, and help each other, the wife has the right to request the Court to resolve the divorce.

2. What are divorce judgments due to conflicts with mother-in-law in Vietnam?

Below are some divorce judgments due to conflicts with mother-in-law resolved by the Court in Vietnam:

Judgment 06/2020/HNGD-PT dated November 30, 2020 on divorce and division of property upon divorce

- Judicial body: People's Court of Binh Dinh Province

- Excerpt content: “Vo Hung N and Bach Thi Kim T married on December 20, 2019, on a voluntary basis. After marriage, the couple lived at N's parents' house, happily for about 01 month, then conflicts arose. According to N, the cause was that T did not heed N's and his parents' advice and often argued back when N and his parents instructed on family tasks. On May 8, 2020, T left home without saying anything to N and his parents, then sent offensive messages to N, so N blocked T's phone. N felt that their love was no longer present, the conflict was irreconcilable, so he requested a divorce from T.”

Judgment 39/2020/HNGD-ST dated August 25, 2020 on marriage and family disputes

- Judicial body: People's Court of Vinh Tuong District, Vinh Phuc Province

- Excerpt content: “Nguyen Thi H married Khuat Thanh G on April 7, 2017, after understanding each other and registering the marriage at the People's Committee of Vinh Ninh Commune. After the wedding, H lived with G's family, and their marital relationship was normal in the beginning. About 07 to 08 months later, conflicts arose between H and G’s mother, who often spoke ill of H, while G could not resolve the conflicts between his mother and H. Subsequently, economic disagreements arose as G gave money to his mother instead of providing for the family. H confirmed that their marital affection was gone, so she requested a divorce from G.”

Judgment 04/2020/HNGD-ST dated July 30, 2020 on marriage and family disputes

- Judicial body: People's Court of Phu Tho District-Level Town, Phu Tho Province

- Excerpt content: “H married Bui Manh C on March 14, 2016, voluntarily and registered their marriage at the People's Committee of Commune A, District P, Phu Tho Province. They lived harmoniously and happily for about 03 months, then conflicts arose due to differing viewpoints and incompatible lifestyles, and conflicts between C’s mother and H. C often verbally and physically abused H; he even hit her in front of his mother and the family's maid. H felt that their marital affection was completely gone, so she filed for a divorce from Bui Manh C.”

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