Divorce dispute resolution in Ho Chi Minh City.

To help our clients better understand the procedures and steps involved in resolving divorce disputes, BKC Law invites you to refer to the following useful information.Divorce has become an increasingly concerning and common issue, leading to various disputes, including: Disputes over the emotional relationship between spouses; Disputes over child custody; Disputes over property division; Disputes over child support payments.

General overview of divorce

What is divorce?

According to Clause 14, Article 3 of the 2014 Law on Marriage and Family:

“Divorce is the termination of the marital relationship under a legally effective court judgment or decision.”

This definition is the most precise and comprehensive explanation of divorce. In a broader sense, divorce also refers to the termination of spouses’ rights and obligations in marital and family relationships.

Who has the right to file for divorce?

Under the law, either the husband or the wife has the right to request a divorce. This is specified in Clause 1, Article 56 of the 2014 Law on Marriage and Family:

“If either the husband or the wife requests a divorce and mediation at the court is unsuccessful, the court shall grant the divorce if there are grounds to determine that the spouse has committed domestic violence or seriously violated the rights and obligations of a spouse, leading to a severe deterioration of the marriage, making cohabitation impossible, and the purpose of marriage unachievable.”

Although both spouses have the right to request a divorce, the husband’s right to file for divorce is restricted under Clause 3, Article 51 of the 2014 Law on Marriage and Family:

“The husband does not have the right to request a divorce if the wife is pregnant, has given birth, or is raising a child under 12 months old.”

This provision aims to protect women, considering the psychological and physical instability they may experience during pregnancy and postpartum, which could lead to rash decisions.

How is property divided upon divorce?

Joint property of the spouses

Joint property includes:

• Assets acquired by either spouse through labor, production, business activities, income, or legal earnings during the marriage, except for cases specified in Clause 1, Article 40 of the 2014 Law on Marriage and Family
• Property inherited jointly or given as a gift to both spouses
• Any other property the spouses agree to designate as joint property

Land use rights acquired after marriage are considered joint property unless inherited, received as a gift by one spouse, or acquired through transactions using separate assets.

During the marriage, spouses have the right to divide part or all of their joint property by agreement, unless such division is declared invalid in cases where it:

• Seriously affects the family’s interests or the legal rights of minor children, incapacitated adult children, or dependents
• Is intended to evade obligations such as alimony, compensation, debt repayment, taxes, or financial obligations to the state

Once joint property is divided, any income or benefits derived from separate assets will remain separate property, unless otherwise agreed upon by the spouses.

If the spouses later decide to revoke the division of joint property, they can do so through a notarized written agreement. However, this does not apply after a divorce unless formal legal procedures are followed.

Separate property of each spouse

Separate property includes:

• Property owned before marriage
• Property inherited or received as a gift during the marriage
• Property individually divided under Articles 38, 39, and 40 of the 2014 Law on Marriage and Family
• Personal necessities and other assets defined by law as separate property

Any property formed from separate assets remains separate unless both spouses agree to merge it into joint property.

If the spouses opt for a contractual property regime, this agreement must be notarized before marriage. This is a key distinction from the 2000 Law on Marriage and Family, which only mentioned the right to agree on separate property without specifying formalities.

Spouses may also draft legal agreements or statements regarding their separate property to prevent future disputes.

How is property divided upon divorce?

According to Article 59 of the 2014 Law on Marriage and Family:

1. If the marital property regime is governed by law, the division of property is based on mutual agreement. If no agreement is reached, the court will resolve it under the provisions of this article and Articles 60–64 of the law.
2. If the property regime was established by agreement, that agreement will apply. If the agreement is unclear or incomplete, the court will apply the legal provisions for resolution.
3. Joint property is divided equally, but the court will consider factors such as:
   • The circumstances of each spouse and family
   • Contributions to the acquisition, maintenance, and development of joint assets
   • The need to protect the legitimate interests of each spouse in business and employment
   • Faults leading to the breakdown of the marriage
4. Separate property remains under the ownership of the respective spouse unless it was merged into joint property.

Child custody disputes in divorce

The law prioritizes mutual agreement between parents on child custody. If no agreement is reached, the court will decide based on the best interests of the child, as stated in Clause 2, Article 81 of the 2014 Law on Marriage and Family:

“If no agreement is reached, the court will decide which parent has custody, considering the child’s best interests. If the child is 7 years old or older, the court must consider the child’s wishes.”

Factors considered in child custody decisions

When deciding custody, the court considers:

• Emotional stability: This includes moral character, ethical conduct, and the ability to provide emotional support and guidance
• Financial stability: The parent must have sufficient income to provide for the child’s needs, including food, shelter, education, healthcare, and recreational activities
• Stable living conditions: The parent seeking custody must prove they have a stable residence (e.g., homeownership or a long-term rental agreement)

The court’s primary concern is ensuring the child’s well-being and identifying the parent best equipped to provide a stable and nurturing environment.

Child support obligations after divorce

After divorce, the non-custodial parent is legally obligated to pay child support, as stipulated in Clause 2, Article 82 of the 2014 Law on Marriage and Family:

“The parent not directly raising the child must provide child support.”

How is the child support amount determined?

There is no fixed legal amount for child support; instead, it is determined based on mutual agreement. If no agreement is reached, the court will decide under Article 116 of the 2014 Law on Marriage and Family:

“The child support amount is determined by agreement between the obligated parent and the child’s guardian, based on actual income, financial ability, and the child’s essential needs. If no agreement is reached, the court will decide.”

The court considers both the parent’s regular income and the child’s living expenses, including food, housing, education, healthcare, and other basic necessities.

Divorce dispute filing procedures

Required documents

To file a divorce dispute case, the petitioner must submit:

• Divorce petition
• Original marriage certificate
• Proof of residence
• Child birth certificates (if applicable)
• National ID card/citizen ID
• Property ownership documents (if applicable)
• Proof of financial status and stable residence (if applicable)

Steps in the dispute resolution process

• Submit the petition and supporting documents to the competent People’s Court
• Pay the court filing fee
• The court formally accepts the case
• The court processes the case according to legal procedures

For legal assistance in resolving divorce disputes, contact BKC Law for professional consultation and support

Phone: 0901 3333 41
Email: info@bkclaw.vn

District 1 Office: 9th Floor, Diamond Plaza, 34 Lê Duẩn, District 1, Ho Chi Minh City
Binh Tan Office: 41 Tên Lửa, Binh Tan, Ho Chi Minh City

Related Articles:

Comprehensive Business Law Consultation Services in Binh Tan District

Consultation on Changing the Purpose of Project Use Advised by Lawyers

Conditions for Foreigners to Establish a Company in Vietnam