DIVORCE CONSULTATION

Everyone desires a warm and happy family. However, in reality, life presents certain challenges, and when marital happiness cannot be achieved as expected, it can severely impact an individual's mental and emotional well-being. When serious conflicts arise, making it impossible for spouses to continue living together, they may seek divorce either by mutual consent or through unilateral divorce proceedings.

When filing for divorce, spouses must resolve the following key issues:

Termination of marital relationship;
Custody of minor children;
Division of marital assets;
Settlement of debts incurred during the marriage.

1. Right to Request a Divorce

Under legal provisions, the following individuals have the right to request a divorce in court:

Either spouse or both spouses may request the court to dissolve the marriage.
Parents or other relatives have the right to request a divorce on behalf of a spouse who is mentally ill or suffers from a condition that prevents them from perceiving and controlling their behavior, and who is also a victim of domestic violence, seriously affecting their life, health, and mental well-being.
The husband is not allowed to request a divorce if his wife is pregnant, has recently given birth, or is nursing a child under 12 months of age.

2. Divorce Filing Procedures

2.1. Filing the Divorce Petition

The divorce petition should be submitted to:

The People’s Court of the district/town/city where the respondent is residing, working, or studying.
The Provincial People’s Court if the case involves foreign elements, such as:

One spouse is a foreign national;
One party or the marital assets are located abroad;
Divorce between a Vietnamese citizen and a foreign national residing in Vietnam.

If the couple does not have a common place of residence, the divorce will be resolved under the laws of the country where they last resided together, or under Vietnamese law if no common residence exists.

3. Mediation in Divorce Procedures

3.1. Community-Based Mediation

The government encourages mediation at the community level before pursuing legal action. Mediation follows the provisions of the Law on Grassroots Mediation.

3.2. Court-Ordered Mediation

The court is responsible for conducting mediation before proceeding to trial, except in cases where mediation is legally prohibited or deemed impossible.

Principles of mediation:

Respect for the voluntary agreement of both parties, without coercion;
The agreement must not contravene laws or social ethics.

Cases where mediation is not feasible:

The respondent has been duly summoned twice but remains absent;
Either party is unable to participate due to valid reasons;
One of the spouses is declared legally incapacitated.

4. Grounds for Divorce

4.1. Divorce by Mutual Consent

The court will grant a divorce by mutual consent if both parties voluntarily agree to dissolve the marriage and have reached an agreement on asset division, child custody, and support obligations, ensuring the legitimate rights of the wife and children. If no agreement is reached or it does not protect the legitimate rights of the parties, the court will resolve the divorce accordingly.

4.2. Unilateral Divorce

The court will grant a unilateral divorce if evidence proves that:

A spouse engages in domestic violence;
There is a serious breach of spousal rights and obligations;
The marriage is irretrievably broken, and its purpose cannot be achieved.

5. Division of Marital Assets

5.1. Principles of Asset Division

Marital assets shall be divided equally, taking into account:

The financial situation of both parties;
Contributions of each spouse to the creation and maintenance of assets;
Protection of each party's legitimate interests in business and employment;
Fault of either party in the breakdown of the marriage.

Separate property shall remain under the ownership of the respective spouse, unless otherwise agreed.

5.2. Division of Land Use Rights

The division of land use rights shall be handled as follows:

Land solely owned by one spouse remains their separate property;
Agricultural and forestry land may be divided by agreement or by court decision.

6. Child Custody Arrangements

The court shall decide child custody based on:

The best interests of the child;
The financial and emotional capacity of each parent;
The child's wishes (if they are 7 years old or older).

The non-custodial parent must fulfill child support obligations in accordance with the law.

7. Frequently Asked Questions About Divorce Procedures

7.1. Must the legal representative's contact address be in Vietnam?
Yes. At least one legal representative must reside in Vietnam.

7.2. What documents are required for divorce filing?
The required documents include:

Divorce petition;
Marriage certificate;
Child birth certificate(s);
Documents proving common assets (if applicable);
Identification documents of both spouses.

7.3. Where should the divorce petition be filed?
The petition should be submitted to the competent People's Court based on the respondent's place of residence, or the plaintiff’s place of residence if both parties agree.

Divorce is a complex legal process that requires an understanding of the law to protect the rights and interests of both parties. To receive detailed advice and support in handling divorce procedures, please contact ADVN Law.

Contact Information:

If you need more information or support, please contact ADVN LAW for detailed advice.

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