What is divorce? Who has the right to request a divorce in Vietnam?

What is divorce?

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.

Which are the prohibited acts regarding divorce in Vietnam?

According to the provisions of the Law on Marriage and Family 2014, the prohibited acts regarding divorce in Vietnam as follows:

(i) Sham divorce. Thus, fake divorce is the use of divorce to evade property obligations, violate policies and laws on population, or achieve other purposes without the purpose of terminating the marriage.

(ii) Forcing a person into divorce; deceiving a person into divorce; obstructing divorce:

Forced divorce means threatening, mentally intimidating, tormenting, ill-treating, demanding property, or committing other acts to force another person to get a divorce against their will.

Divorce obstruction means threatening, mentally intimidating, tormenting, ill-treating, claiming property, or other acts to force another person to maintain a marital relationship against their will.

Divorce means termination of the husband and wife relation under a court’s legally effective judgment or decision​ in Vietnam (Internet image)

Who has the right to request a divorce in Vietnam?

The request for a divorce settlement can come from the will of both spouses, from one of the spouses, or from a third party. However, not everyone has the right to request a divorce settlement.

According to the provisions of Article 51 of the Law on Marriage and Family 2014, the following persons have the right to request the Court to settle the divorce:

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

- 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.

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

What are the forms of divorce in Vietnam?

According to the current law, the divorce settlement will be carried out according to two different procedures, depending on the case. As follows:

(i) Divorce by mutual consent

When both spouses request a divorce, a court shall recognize the divorce by mutual consent if seeing that the two are really willing to divorce and have agreed upon the property division, looking after, raising, care for and education of their children on the basis of ensuring the legitimate interests of the wife and children. If the spouses fail to reach agreement or have reached an agreement which -fails to ensure the legitimate interests of the wife and children, the court shall settle the divorce.

In this case, the Court will settle the divorce according to civil procedure.

(ii) Divorce at the request of one spouse

When resolving a divorce at the request of one party, the Court will handle the divorce according to the procedures for settling civil cases.

- 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.

- When the spouse of a person who is declared missing by a court requests a divorce, the court shall permit the divorce.

- For request for a divorce from 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, a court shall permit the divorce if it has grounds to believe that the domestic violence committed by one spouse seriously harms the life, health or spirit of the other.

Mai Thanh Loi

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