How long after separation can I get a divorce in Vietnam? How long does it take to get divorced before I can marry another person in Vietnam?

Is it possible to get a divorce at the request of one spouse while separated in Vietnam?

Currently, my husband and I have been separated for 7 months. May I ask if I want a divorce at the request of one spouse now? Hope to help.

In Article 51 of the Law on Marriage and Family 2014, there are regulations on the right to request settlement of divorce as follows:

1. Husband or wife or both has or have the right to request a court to settle their divorce.

2. A parent or another next of kin of a spouse has the right to request a court to settle a divorce when the spouse is unable to perceive and control his/her acts due to a mental disease or another disease and is concurrently a victim of domestic violence caused by his/her spouse which seriously harms his/her life, health or spirit.

3. A husband has no right to request a divorce when his wife is pregnant, gives birth or is nursing an under-12-month child.

=> Thus, according to regulations in Vietnam, in marriage, if you want to divorce, the husband, wife or both have right to request the Court to resolve the divorce. However, unless the wife is pregnant, has given birth or is raising a child under 12 months old, the husband does not have right to request a divorce from his wife.

How long after separation can I get a divorce in Vietnam?

My husband and I are living together, and now I want to unilaterally divorce my husband, do I have to separate? How long after separation can I get a divorce in Vietnam? I hope you will answer.

Clause 1, Article 56 of the Law on Marriage and Family 2014 regulates divorce at the request of one spouse as follows:

1. When a spouse requests a divorce and the conciliation at a court fails, the court shall permit the divorce if it has grounds to believe that a spouse commits domestic violence or seriously infringes upon the rights and obligations of the husband or wife, which seriously deteriorates the marriage and makes their common life no longer impossible and the marriage purposes unachievable.

According to this regulation in Vietnam, when you have the following grounds, you can request a divorce at the request of one spouse:

- There is evidence that your husband has committed domestic violence or seriously violated the rights and obligations of spouses;

- Marriage falls into a serious state, life together cannot last, and the purpose of marriage is not achieved.

It can be seen that the law does not set regulations on the period of separation before divorce in Vietnam.

In fact, separation is when a couple no longer lives together but has not ended their marital relationship. This is a sign that family life is not happy and that life together cannot last.

Thus, you do not need to separate before divorcing! And currently, Vietnamese law still does not recognize the institution of separation.

How long does it take to get divorced before I can marry another person in Vietnam? 

I have been divorced from my wife for 5 months and have received the Court judgement. I want to get a new wife now, is that possible? How long does it take to get married after a divorce? Thank you!

Clause 1, Article 57 of the Law on Marriage and Family 2014 stipulates as follows:

1. The marriage relation shall terminate on the date a court’s divorce judgment or decision takes legally effective.

Therefore, when the marital relationship ends, the parties no longer have conjugal rights and obligations towards each other. The parties absolutely have the right to choose to marry a new person if they are eligible for marriage in Vietnam.

Article 8 of the Law on Marriage and Family 2014 stipulates the conditions for marriage as follows:

"1. A man and a woman wishing to marry each other must satisfy the following conditions:

a /The man is full 20 years or older, the woman is full 18 years or older;

b/ The marriage is voluntarily decided by the man and woman;

c/ The man and woman do not lose the civil act capacity;

d/ The marriage does not fall into one of the cases prescribed at Points a, b, c and d, Clause 2, Article 5 of this Law.

2. The State shall not recognize marriage between persons of the same sex.”

=> This regulation does not specify how long after divorce one can get married. If both parties meet the above conditions in Vietnam, they will be married.

Thus, if you have been divorced for 5 months and have received a court judgment, you can still marry a new person if you meet the marriage conditions in Vietnam.

Best regards!