Uncontested Divorce in Vietnam: Procedure and Timing

An uncontested divorce, known as mutual-consent divorce, is available under the Law on Marriage and Family 2014 when both spouses agree to end the marriage and have settled the arrangements for their children and property. Because there is little in dispute, this route is usually simpler and quicker than a contested divorce, but it still requires court recognition.

When mutual-consent divorce is possible

Both spouses must genuinely wish to divorce and must reach agreement on who will care for the children, any child support, and how shared property is divided. The court will recognise the divorce only where it is satisfied that the agreement is voluntary and that it properly protects the lawful interests of the wife and children.

The procedure

• The spouses submit a joint request together with the marriage certificate and identity documents.
• The court reviews the file and may hold a conciliation session.
• If agreement is confirmed and lawful, the court issues a decision recognising the divorce.

Where the spouses cannot in fact agree on children or property, the matter may need to proceed as a contested divorce instead.

Timing

A mutual-consent divorce is typically faster than a contested one because the court does not have to resolve disputed issues. The exact time depends on the court's schedule and whether the file is complete when submitted.

Frequently asked questions

Do we still have to attend court?

Yes. Even where both spouses agree, the divorce must be recognised by the People's Court.

Can the court refuse a mutual request?

The court may decline to recognise an agreement that is not genuine or that fails to protect the interests of the wife or children.

What if we agree on divorce but not on the children?

If key issues remain unresolved, the case is treated as contested and the court decides those issues.

How LTV Law helps

LTV Law helps couples document a clear, lawful agreement and complete the file correctly so a mutual-consent divorce proceeds efficiently; to begin, contact our team.

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