“Behind every great man, there is a great woman” is an old idiom said about good marriage relationship. However, when this relationship is broken, many couples even neglect to look at others. Disagreement or being unable to find a common voice in everything can lead to an increase in the divorce rate. Some, hoping to end their marriage soon, choose a unilateral divorce solution. However, the Court does not always allow unilateral divorce.
Clause 14, Article 3 of Family and Marriage Law 2014 states that: Divorce means termination of the husband and wife relation under a Court’s legally effective judgment or decision. Divorce is usually with the mutual consent or disagreement of both spouses.
Unilateral divorce is understood as when only one spouse wishes and voluntarily files for divorce without the consent of the other party. In accordance with provisions of family and marriage law, upon receiving a petition for unilateral divorce, the court will conduct mediation at court. If mediation fails, the court will proceed with divorce proceedings in accordance with the law.
Conditions for husband or wife proceed with unilateral divorce
According to Article 56 of Family and Marriage Law 2014, husband or wife is legally allowed to file for unilateral divorce upon proving any of following issues:
The formalities for unilateral divorce are as follows:
Step 1: File a petition for divorce at the competent people’s court.
Step 2: Receive results of handling the petition.
Step 3: Make advance payment of court’s fee for trial course at the competent civil judgment enforcement agency and submit the receipt thereof to the Court.
Step 4: The court sends an order for testimony and mediation, and proceeds with formalities as specified in the Civil Procedure Law.
Step 5: In case, the Court does not accept the petition for divorce, the petitioner has the right to appeal to the immediate superior court for appellate trial in accordance with the law.
According to Clause 3, Article 51 and Article 56 of Family and Marriage Law 2014, unilateral divorce is not allowed under following circumstances:
When a spouse suffers from mental illness or other sickness making him/her unable to perceive and control his/her behavior, the Court will not settle the divorce if it falls into one of the following two cases:
Article 81 of Family and Marriage Law 2014 and Resolution 02/2000/NQ-HDTP on the right of looking after, care for, raising and education of children after divorce state that:
The People’s Court uses several principles as the basis to determining the right of taking custody of the child as follows:
After considering and comparing all the conditions as mentioned above, the Court will decide who is entitled to take custody of the child.
Here are some things you need to know when filing for a unilateral divorce. Please contact us for more detailed instructions: firstname.lastname@example.org .
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Le & Tran Building – Headquarters: Area No. 284 (Bld 9), Nguyen Trong Tuyen Street, Ward 10, Phu Nhuan District, Ho Chi Minh City
Saigon Tower – City Center Office: Unit 8, Level 16, 29 Le Duan Blvd, Ben Nghe Ward, District 1, Ho Chi Minh City, Vietnam
Daeha Business Center – Ha Noi Office: No.1606, 16th Floor, 360 Kim Ma Street, Ba Dinh District, Hanoi City