ACCORDING TO THE NEW COURT REGULATIONS

According to the provisions of the Law on Marriage and Family 2014, divorce procedures are classified into two types: mutual consent divorce and unilateral divorce. The steps and implementation processes have similarities and differences, which can be summarized as follows:

 
1. What are divorce procedures?

Divorce is the legal termination of marriage based on a legally effective court judgment or decision.

To legally end a marital relationship, the parties must follow the lawful divorce procedures stipulated by current legislation.

Divorce procedures encompass the steps and legal processes that spouses must comply with for the court to issue an appropriate decision or judgment. Once effective, such a decision is binding on both spouses.

2. Why are divorce procedures necessary?

During marriage, spouses may acquire joint property, have children, and incur joint obligations such as repaying loans or supporting children.

Divorce proceedings help clearly define these issues, including:

Ownership of property;
Responsibility for joint debts;
Custody and child support obligations.
A court judgment or decision ensures transparency and prevents future disputes. Moreover, it legally "frees" the parties, allowing them to move on with their lives.

For example:

Without a legal divorce, neither party can remarry;
Joint assets cannot be legally disposed of;
The responsibilities of child custody and support remain unclear.
Despite being an undesirable process, addressing these issues legally is necessary when the marriage becomes irreconcilable.

 
3. Who has the right to initiate divorce procedures?

According to Article 51 of the Law on Marriage and Family 2014, the right to file for divorce is granted to:

The husband, wife, or both parties;
Parents or relatives in cases where a spouse suffers from mental illness or is a victim of domestic violence, seriously affecting their life and well-being.
However, the law prohibits the husband from filing for divorce when the wife is pregnant, giving birth, or nursing a child under 12 months old.

 
4. What documents are required for divorce proceedings?

Divorce petition form;
Original marriage certificate;
Certified copies of ID cards/passports and household registration books;
Certified copies of children's birth certificates (if applicable);
Documents related to joint property (if disputes exist).

5. Steps in the divorce process

Step 1: Submit the divorce application to the competent court (where the respondent resides).

Step 2: Pay the court fees as per the court's notice.

Step 3: Attend court-mediated reconciliation sessions.

Step 4: Attend court hearings to resolve the divorce.

 
6. Should you choose mutual consent or unilateral divorce?

Mutual consent divorce: Saves time, cost, and maintains goodwill.
Unilateral divorce: Initiated by one party, may take longer and require more evidence.

7. Timeframe for divorce resolution

Mutual consent divorce: 1 - 3 months.
Unilateral divorce: 4 - 6 months, depending on case complexity.

Contact Information:

If you need more information or support, please contact ADVN LAW for detailed advice.

A.D.V.N LAW OFFICE

- Address: F2&F3, No. 2 Phung Khac Khoan, Da Kao Ward, District 1, Ho Chi Minh City

- Phone: 0903.693.301 – 0909.393.329

- Email: vanphongluatsuadvn@gmail.com; advnlaw@gmail.com