Tiếng Việt
1. Conditions for unilateral divorce
a. What is unilateral divorce?
Unilateral divorce (divorce at the request of one party) is when one spouse wishes to end the marriage without the consent of the other party. Unlike a consensual divorce, when both parties agree to end the marriage, a unilateral divorce usually occurs when one party feels that the marriage is no longer viable, but the other party does not agree to a divorce.
b. Conditions for unilateral divorce
Unilateral divorce can only be carried out when the party requesting the divorce proves that there is a legitimate reason such as serious marital conflict, being a victim of domestic violence, the other party seriously violating the rights and obligations of the spouses or other factors leading to the purpose of marriage not being achieved.
Article 56 of the 2014 Law on Marriage and Family stipulates:
Article 56. Divorce at the request of one spouse
1. 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.
2. When the spouse of a person who is declared missing by a court requests a divorce, the court shall permit the divorce.
3. For 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.Article 4 of Resolution 01/2024/NQ-HDTP, the Council of Judges of the Supreme People’s Court provides detailed guidance on Clause 1, Article 56 of the 2014 Law on Marriage and Family as follows:
First: Husband or wife commits domestic violence.
- Domestic violence is understood as actions that cause physical and mental harm, insult honor and dignity… such as beating, scolding, threatening, controlling finances, isolating relatives, etc.
- This is a serious violation of human rights, and is a direct basis for the Court to grant a divorce.
For example: A husband who regularly beats his wife, controls her finances, or forbids her from working or seeing relatives – all grounds for divorce.
Second: Serious violation of the rights and obligations of husband and wife.
- Including acts of property destruction, neglect of family care, failure to fulfill obligations of fidelity, mutual support, and building a warm and happy family.
- When these violations seriously affect the legitimate rights and interests of the other person, it is also the basis for the Court to resolve a unilateral divorce.
For example: Husband/wife sells all the family’s common property to gamble and get into debt, causing the other person to suffer the consequences.
Third: The marriage is in a serious state and the common life cannot last.
- No more marital affection: No care, attention, love; long-term separation; abandoning the other person.
- Adultery: Having an illicit relationship with another person, living together as husband and wife with an outsider.
- Insulting, causing mental, honor, and health damage: Insulting, humiliating, humiliating in front of others or beating, physically abusing.
- No respect, no equality, no conditions for each other to develop: Forcing beliefs, prohibiting work, studying, not supporting each other in life.
For example: The wife forbids her husband to go to the temple according to his personal beliefs; the husband does not allow his wife to go to work even though the family is in financial difficulty.
2. Who has the right to request a unilateral divorce?
Article 51 of the 2014 Law on Marriage and Family stipulates that the husband/wife or both have the right to request the court to resolve the divorce. Parents and other relatives have the right to request the court to resolve the divorce when one of the husband or wife, due to mental illness or other illness, cannot perceive or control his/her behavior, and is also a victim of domestic violence caused by their husband or wife, seriously affecting their life, health and spirit.
However, the Law also stipulates cases where unilateral divorce is not allowed according to Clause 3, Article 51 of the 2014 Law on Marriage and Family . The Court will not accept the husband ‘s unilateral divorce request in the following three cases:
1. Wife just gave birth.
2. Wife is pregnant.
3. Wife is raising a child under 12 months old.
This provision is intended to protect the rights of the wife and her young children during the sensitive period of their marriage. In addition, the Court will also reject a unilateral divorce request if the spouse does not provide sufficient evidence to prove serious problems in the marital relationship that make the marriage impossible to continue