How long does it take to get a unilateral divorce in Vietnam?
Recently, LSX legal firm received a question from our customer: “Hello Lawyer. My husband and I entered into marriage 5 years ago, we had no children together. Now, due to many conflicts, we often argue so I want a divorce, but my husband does not agree. Besides, he has committed violence acts against me. In my case, can I divorce my husband unilaterally? How long does it take to get a unilateral divorce in Vietnam?”
So, in this article, we will help you with information regarding this problem.
Legal grounds
- Law on Marriage and Family 2014
- Civil Procedure Code 2015
Who has the right to request a unilateral divorce?
According to Article 51 of the Law on Marriage and Family 2014, the right to request divorce settlement:
Article 51. The right to request settlement of divorce
Husband or wife or both has or have the right to request a court to settle their divorce.
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.
A husband has no right to request a divorce when his wife is pregnant, gives birth, or is nursing an under-12-month child.
Article 56 of the Law on Marriage and Family 2014 regulates divorce at the request of one spouse
- When a spouse requests a divorce and the conciliation at a court fails, the court shall permit the divorce if it has 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.
- When the spouse of a person who is declared missing by a court requests a divorce, the court shall permit the divorce.
- For a request for a divorce under Clause 2, Article 51 of this Law, a court shall permit the divorce if it has grounds to believe that the domestic violence committed by one spouse seriously harms the life, health, or spirit of the other.
Thus, based on the above provisions of law, in case your husband commits domestic violence acts that seriously affect your life and health, you have the right to request the Court to settle the case.
Unilateral divorce proceedings
Papers needed for unilateral divorce
The divorce proceedings include the following documents:
- Marriage registration certificate (original).
- Identity card of husband and wife (certified copy).
- Birth certificates of children (if having children together, a certified copy).
- Family registration book (certified copy).
- Papers proving ownership of common property (if having common property, a certified copy).
- In case you lost your marriage certificate, you can contact the civil status agency where you registered your marriage to apply for a copy.
- In case you do not have the spouse’s identity card, follow the instructions of the Court to submit another identity document instead.
Authorities competent to settle unilateral divorce
Under Point a, Clause 1, Article 35 of the Civil Procedure Code 2015, the jurisdiction of district-level people’s courts:
Article 35. Jurisdiction of People’s Courts of districts
- People’s Courts of districts shall have the jurisdiction to settle according to first-instance procedures the following disputes:
a) Disputes over civil matters, marriage, and family, prescribed in Articles 26 and 28 of this Code;
On the other hand, according to the provisions of Article 39 of the Civil Procedure Code 2015, the jurisdiction of the courts by territory:
“Article 39. Territorial jurisdiction of courts
- Territorial jurisdiction of Courts to settle civil lawsuits shall be determined as follows:
a) The Courts of the localities where the defendants reside or work, applicable to defendants being individuals, or where the defendants are headquartered, applicable to defendants being agencies or organizations, shall have the jurisdiction to settle according to first-instance procedures for civil, marriage- and family-related, business, trade or labor disputes prescribed in Articles 26, 28, 30 and 32 of this Code;
b) The involved parties shall have the right to agree with each other in writing to petition the Courts of the localities where the plaintiffs reside or work, applicable to plaintiffs being individuals, or where the plaintiffs are headquartered, applicable to plaintiffs being agencies or organizations, to settle civil, marriage and family-related, business, trade or labor disputes prescribed in Articles 26, 28, 30 and 32 of this Code;
c) Disputes over real estates must be settled by Courts where such real estates are located.
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According to the above provisions, you can file a petition for divorce at the district court where your husband resides and works. In case having an agreement to choose the Court where you reside, you shall file the application at the District Court where you reside or work.
How long does it take to get a unilateral divorce in Vietnam?
According to the civil procedure code, in case of unilateral divorce, the time limit for trial preparation is 4 months from the date of acceptance of the case. For complicated cases, the time limit for trial preparation may get extended but must not exceed 2 months.
Within 1 month from the date of the decision to bring the case to trial, the court must open a court session. If there is a legitimate reason, this time limit is 2 months. In fact, the time to resolve a divorce case may be shorter or longer than the time prescribed by law depending on the nature of each case.
Additionally, unilateral divorce comes from one spouse’s request, so in reality, the other party may cause difficulties, disadvantages, or even hinder this divorce. Therefore, the proceeding time of unilateral divorce in practice may take longer than prescribed by law.
Article 59. Principles of settlement of property of husband and wife upon divorce
- The settlement of property shall be agreed upon by the concerned parties in case of applying the statutory matrimonial property regime. If they fail to reach an agreement thereon, at the request of a spouse or both, a court shall settle it according to Clauses 2, 3, 4, and 5 of this Article and Articles 60, 61, 62, 63, and 64 of this Law.
In the case of applying the agreed matrimonial property regime, the settlement of property upon divorce must comply with such agreement. In case the agreement is insufficient or unclear, the settlement must comply with corresponding provisions of Clauses 2, 3, 4, and 5 of this Article and Articles 60, 61, 62, 63, and 64 of this Law. - Common property shall be divided into two, taking into account the following factors:
a/ Circumstances of the family, husband, and wife;
b/ Each spouse’s contributions to the creation, maintenance, and development of the common property. The housework done in the family by a spouse shall be regarded as income-generating labor;
c/ Protecting the legitimate interests of each spouse in their production, business, and career activities to create conditions for them to continue working to generate incomes;
d/ Each spouse’s faults in the infringement of spousal rights and obligations. - Common property of husband and wife shall be divided in kind, if impossible to be divided in kind, the common property shall be divided based on its value. The partner who receives the property in kind with a value bigger than the portion he/she is entitled to receive shall pay the value difference to the other.
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- Legal advice related to new regulations;
- Representing in drafting and editing documents;
- We commit the papers to be valid, and legal for use in all cases;
- Represent to submit documents, receive results, and hand them over to customers.
With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.
Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.
Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.
After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.
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In this article, we provide information regarding “How long does it take to get a unilateral divorce in Vietnam?”. With qualified solicitors, LSX legal firm has provided efficient legal services to our customers. We guarantee to constantly update and keep our operations as well as services in line with the law. If you have any questions about the law, please get in touch with us via hotline LSX Law firm: +84846175333 or Email: [email protected]
See more
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Register a marriage with a foreigner in Vietnam
Proving separate property before marriage under Vietnam law
Frequently asked questions
When one of the involved parties does not present, the Court will still proceed with the unilateral divorce settlement when:
The person requesting divorce, his/her spouse has an application to the Court for trial in his/her absence;
Husband and wife are absent but have a representative to attend the court session;
If the absent party does not have a counterclaim and is absent because of force majeure events or objective obstacles, there is no application for trial in his or her absence and no representative attends the trial.
According to the provisions of Clause 3, Article 51 of the Law on Marriage and Family 2014, a husband does not have the right to request a divorce during his wife’s pregnancy, giving birth, or raising a child under 12 months old.
According to the provisions of Resolution No. 326/2016/UBTVQH14, if the claimant has no claim for an identifiable amount of money or property in a specified amount, the court fee will be 300,000 VND, and in contrast, the value will be based on the value of the divided property.
Conclusion: So the above is How long does it take to get a unilateral divorce in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
