Contested Divorce in Vietnam: Conditions, Procedure and Documents

A contested or unilateral divorce arises when one spouse wishes to end the marriage but the other does not agree, or the spouses cannot agree on children or property. Under the Law on Marriage and Family 2014, the court can grant a divorce at the request of one spouse where it finds that the marriage has seriously broken down.

What the court examines

The court considers whether the relationship has reached a state where its purpose can no longer be achieved, for example through serious and continuing discord. The petitioning spouse should explain the situation and provide information supporting the request. The other spouse is treated as the respondent and may present their own position.

Documents required

• The divorce petition filed by the requesting spouse.
• The original marriage certificate.
• Identity and residence documents of both spouses.
• Birth certificates of any children.
• Documents about shared property where division is requested.

The procedure

After the petition is accepted, the court notifies the respondent, gathers information, and usually holds conciliation. If reconciliation fails, the court holds a hearing and decides the divorce together with arrangements for children and property. Where a child is seven years or older, the court considers the child's wishes on which parent they will live with.

Frequently asked questions

Can I divorce if my spouse refuses?

Yes. The court can grant a unilateral divorce where it finds the marriage has broken down seriously, even if the other spouse objects.

Is conciliation required?

The court generally conducts conciliation, and only proceeds to decide the case if the spouses do not reconcile.

Who decides custody in a contested case?

The court decides based on the best interests of the child, considering the wishes of a child aged seven or older.

How LTV Law helps

LTV Law prepares your petition, organises supporting information and represents you through conciliation and the hearing in a contested divorce; to discuss your case, contact our team.

This article is for general information only and does not constitute legal advice.