Solving divorce unilaterally

1. Solving divorce unilaterally

For couples who decide to divorce in Vietnam without the consent of the other person, the time it takes for the court to unilaterally resolve the divorce is one of the first things to consider. According to the law, a husband is not entitled to unilaterally divorce his wife when she is pregnant, giving birth or raising a child under 12 months old (Article 51.3 of the Law on Marriage and Family Law 2014).

2. Unilateral divorce procedures will be resolved according to the 2015 Civil Procedure Code (“CPC”) as follows:

Submit a divorce petition to a competent court

within 03 days

The Chief Justice will appoint a Judge to resolve the request within 5 days

The appointed judge will review and make one of the following three decisions.
Later decision: request for addition/amendment.
about divorce application;

or refer the request to a competent court;

accept the request (Clause 2, Article 191 and Clause 3, Article 191 of the Civil Procedure Code).
If the request is accepted, the appointed Judge will request the applicant to advance the court fee (Clause 1, Article 195 of the Civil Procedure Code). The maximum waiting time for divorce settlement before trial is about 4 months from the date of receipt of the request (Clause 1, Article 203.a of the Civil Procedure Code).

3. Force majeure cases

The Chief Justice can decide to extend the authorization for up to 02 months (b Article 203.1 of the Civil Procedure Code). Within one month from the date of the decision to open a divorce trial, the Court must set a trial date; can be extended for another 02 months if deemed reasonable (Clause 4, Article 203 of the Civil Procedure Code). Therefore, the time it takes for the court to issue a unilateral divorce decree may vary depending on each case. In complicated cases such as real estate disputes or child custody disputes, the resolution time may be longer but must not exceed the maximum time mentioned above.

Q&A

Question 1: How often does the court grant unilateral divorce?

Answer 1: The court's decision to grant unilateral divorce can vary greatly depending on the jurisdiction and circumstances of each case. There is no set frequency or number of times that courts grant unilateral divorces because each case is evaluated independently.

Question 2: What factors affect the court's decision to approve a unilateral divorce?

Answer 2: The court's decision to grant a unilateral divorce is influenced by many different factors, including the reason for the divorce, the evidence presented, the legal framework of the jurisdiction and the comply with legal procedures. Each case is evaluated based on its unique details.

Question 3: Are there any statistics on the rate of unilateral divorce?

Answer 3: The rate of unilateral divorce may vary depending on region and time. Statistics on the frequency of unilateral divorce may be collected by government agencies but their availability may depend on the country or state. Obtaining such statistics often requires consulting relevant legal or government databases.

Question 4: Can you provide information about the recent trend of unilateral divorce cases?

Answer 4: The trend of unilateral divorce cases may change over time and is influenced by legal reforms, social factors and cultural changes. To access information on recent trends, one should consult reports, studies or publications related to divorce rates and causes in specific jurisdictions or countries.1. How many times has the court requested unilateral divorce? For couples who decide to divorce in Vietnam without the consent of the other person, the time it takes for the court to unilaterally resolve the divorce is one of the first things to consider. According to the law, a husband is not entitled to unilaterally divorce his wife when she is pregnant, giving birth or raising a child under 12 months old (Article 51.3 of the Law on Marriage and Family Law 2014).