The Divorce Petition in Vietnam: Mutual and Unilateral Applications

The divorce petition is the document that opens a divorce case before the People's Court in Vietnam. Whether the divorce is by mutual consent or filed by one spouse alone, the petition sets out who the parties are, what they are asking the court to decide, and the grounds for the request. Preparing it accurately helps avoid delays when the court reviews your file.

Mutual-consent request

When both spouses agree, they submit a joint request to recognise their agreement to divorce. This document confirms that both wish to end the marriage and records what they have agreed about the care of children and the division of property. The court will recognise the divorce where it is satisfied the agreement is genuine and protects the interests of the wife and children.

Unilateral application

Where only one spouse wishes to divorce, that spouse files a petition alone. It should explain the state of the marriage and the reasons the relationship has broken down, and state the requests concerning children and property. The other spouse becomes the respondent and is given the chance to present their position.

What the petition should contain

• Full names, dates of birth and addresses of both spouses.
• The date and place of marriage.
• A clear statement of what is requested from the court.
• Information about any children and shared property.

Frequently asked questions

Is there an official form I must use?

Courts generally provide standard templates, but the petition must reflect your actual circumstances rather than simply repeating a template.

Can I change my requests later?

Requests can often be adjusted during the proceedings, and the court will consider the interests of the children in any decision.

Do both spouses sign a mutual request?

Yes. A joint request for a mutual-consent divorce is signed by both spouses.

How LTV Law helps

LTV Law drafts petitions that are complete and accurate, whether mutual or unilateral, so your case is accepted without unnecessary revisions; to get started, contact our team.

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