Divorce and Division of Assets

Legal Information About Divorce

Author
Stephen Le

Divorce is the legal dissolution of a marriage by a court through a judicial order. It may also be referred to as: marital dissolution or dissolution of marriage which includes:

  • Divorce by mutual consent and
  • Divorce at the request of one spouse

If a marriage is successfully ended through divorce, then a spouse loses all the benefits of the marriage as well as being freed from all of the legal responsibilities of being married.  Property will usually be divided fairly unless stated otherwise in the Matrimonial Property Regime, and the former spouses will go their separate ways.

Legal Information About Divorce In Vietnam:

1. Who has the right to request the Court’s settlement of divorce?

  • Husband or wife or both; or
  •  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.

2. Which circumstances cannot request for the divorce?

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

3. Could a couple ask for a divorce without marriage registration?

  • Yes. In such circumstances, the Court shall accept the request and declare non-recognition of their spousal relationship.

4. Is conciliation a must during the settlement of divorce?

  • Yes. After accepting the divorce petition, the Court must conduct conciliation at the Court. This is a procedural procedure in accordance with the law on civil procedure.

5. When does the Court recognize the consent of the divorce?

  • 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.

6. The Court settles a divorce upon a spouse’s request based on which grounds?

  • There have 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.
  • The spouse of a person who is declared missing by a Court requests a divorce.

7. When does the marriage relation terminate?

  • The marriage relation shall terminate on the date a Court’s divorce judgment or decision takes legally effective.

8. In case of divorce, whether rights and obligations of husband and wife toward a third party are effective or not?

  • Yes, unless otherwise agreed by husband and wife and that party

Conclusion: A marriage ending in divorce is never an easy process. Not only are there strong emotions and feelings between the parties, but there are also the complex matters of child custody and property division to sort out. Seeking the help of competent divorce lawyers for men and women is always a very wise action to take. If you have any additional questions regarding the process of a divorce in Vietnam, feel free to send us a message through the contact form below.

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