9th Floor Diamond Plaza Building, 34 Le Duan, Ben Nghe Ward, District 1, Ho Chi Minh City
info@bkclaw.vn
0901 333 341
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I. Types of Divorce in Vietnam
Mutual Consent Divorce: This is the case where both husband and wife jointly request termination of the marital relationship through a mutual consent divorce petition. Mutual consent divorce is based on the voluntary agreement of the parties. In addition, the parties have also reached agreement on property division, child custody and rearing (if any), and such agreements do not violate the law.
Unilateral Divorce: Unlike mutual consent divorce, unilateral divorce occurs when one spouse wishes to divorce but the other does not agree, or when both spouses wish to divorce but cannot reach agreement on child custody, child support after divorce, division of common property, and joint debts during the marriage.
II. Is separation a ground for divorce?
Separation is understood as the situation where the husband and wife have not yet terminated the marital relationship and still have obligations toward common children, common property, and other obligations in the marital relationship, but no longer have the obligation to live together. Separation is merely a social term and not a legal term.
Currently, the Law on Marriage and Family in particular and Vietnamese law in general do not have any specific regulations regarding separation cases.
However, separation may be considered as a ground to determine the seriousness of the marital relationship, thereby leading to the initiation of divorce procedures.
III. Cases where unilateral divorce is not permitted
Pursuant to the regulations, the following 03 cases are not permitted to file for unilateral divorce:
To protect the rights of women and children, the law restricts the husband’s right to divorce in the above cases.
IV. How is property divided upon divorce?
Pursuant to Article 59 of the Law on Marriage and Family 2014 and guided by Article 7 of Joint Circular 01/2016/TTLT-TANDTC-VKSNDTC-BTP, common property of husband and wife is divided equally but must take into account the family circumstances and circumstances of each spouse, the contributions of each party, and also consider the fault of each party in violating the rights and obligations of husband and wife.
Separate property of husband or wife belongs to the owner, except where separate property has been merged into common property in accordance with this Law.
According to the above regulations, the division of separate property and common property of husband and wife is specifically and clearly regulated. At the same time, the law also prioritizes resolution according to the agreement of the parties. If the parties cannot reach agreement, it will be resolved in accordance with the law.
V. Attorneys Specializing in Divorce, Marriage and Family
To maximize time and cost savings, the parties may seek advice from divorce consultation units. Because in practice, divorce procedures are not simple at all, especially unilateral divorce.
BKC Law is a law firm with long-standing experience in performing services related to fast divorce procedures in Ho Chi Minh City.
VI. Dossier for Unilateral Divorce
The unilateral divorce petition dossier includes:
VII. Time Limit and Processing Time for Unilateral Divorce Cases
Pursuant to Article 203 of the Civil Procedure Code 2015, the trial preparation period is prescribed as follows:
“1. The trial preparation period for various types of cases, except cases resolved under summary procedures or cases involving foreign elements, is prescribed as follows:
a) For cases stipulated in Articles 26 and 28 of this Code, the period is 04 months from the date of case acceptance;
b) For cases stipulated in Articles 30 and 32 of this Code, the period is 02 months from the date of case acceptance.
For cases of a complex nature or due to force majeure events or objective obstacles, the Chief Justice of the Court may decide to extend the trial preparation period, but not exceeding 02 months for cases under point a of this clause and not exceeding 01 month for cases under point b of this clause.
Where a decision is issued to temporarily suspend resolution of the case, the trial preparation period shall be recalculated from the effective date of the Court’s decision to resume resolution of the case.
4. Within 01 month from the date of the decision to bring the case to trial, the Court must open the trial session; in cases with justifiable reasons, this period is 02 months.”
VIII. Consultation on Divorce and Division of Child Custody and Common Property
For free consultation on marriage and family law at BKC Law, you may contact our attorneys via the following information:
Phone: 0901 3333 41
Office in District 1: 9th Floor, Diamond Plaza Building, 34 Le Duan Street, District 1, Ho Chi Minh City
Office in Binh Tan: 41 Ten Lua Street, Binh Tan District, Ho Chi Minh City
Email: info@bkclaw.vn
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41 Rockets, Binh Tri Dong B, Binh Tan District, Ho Chi Minh City.
info@bkclaw.vn
0901 3333 41
9th Floor, Diamond Plaza Building, 34 Le Duan, Ben Nghe Street, District 1, Ho Chi Minh City.
info@bkclaw.vn
0901 3333 41