Divorce at the Request of One Party: Detailed Legal Grounds and Regulations

1. Grounds for Divorce upon Failed Court Mediation

When a husband or wife requests a divorce and the mediation at the Court fails, the Court shall grant the divorce if there are grounds showing that the husband or wife has committed acts of domestic violence or seriously violated the rights and obligations of the husband or wife, which renders the marriage state irreparable, making it impossible for them to live together and failing to achieve the purposes of marriage.

• "A husband or wife commits acts of domestic violence" means that the husband or wife commits the acts specified in Clause 1, Article 3 of the Law on Domestic Violence Prevention and Control.

• "Seriously violating the rights and obligations of the husband or wife" means violating the provisions of the Law on Marriage and Family regarding the rights and obligations of spouses, leading to a serious infringement upon the lawful rights and interests of the other party.

  • Example: A husband or wife squanders and destroys family assets.

"The marriage state is irreparable, making it impossible to prolong cohabitation, and failing to achieve the purposes of marriage" falls into one of the following cases:

a) Lack of mutual affection, respect, care, and emotional support between husband and wife; for example, the spouses live separately and neglect each other;

b) The husband or wife has an extramarital affair (infidelity);

c) The spouses insult each other, causing damage to honor, dignity, or reputation, causing mental distress, or causing bodily injury or health damage to each other;

d) Inequality in rights and obligations between husband and wife; failure to respect each other's freedom of belief and religion; failure to assist or create conditions for each other's development.

2. Divorce Involving a Spouse Declared Missing by the Court

This is a special legal circumstance designed to liberate the remaining party when their husband or wife has been missing for a long period of time.

In the event that the husband or wife of a person who has been officially declared missing by the Court requests a divorce, the Court shall accept the case and resolve the divorce under unilateral proceedings.

3. Divorce Requested under Clause 2, Article 51 of the Law on Marriage and Family

Pursuant to Clause 2, Article 51 of the Law on Marriage and Family, parents or other next of kin have the right to request the Court to resolve a divorce when one spouse is unable to perceive or control their behavior due to mental illness or other ailments, and is concurrently a victim of domestic violence caused by their spouse, which seriously impacts their life, health, or mental well-being.

Accordingly, Vietnamese law provides maximum protection for individuals who have lost cognitive capacity or are victims of severe domestic violence.

The Court shall resolve the divorce at the request of parents or other next of kin when:

• One spouse is unable to perceive or control their behavior due to mental illness or other ailments.

• Concurrently, they are a victim of domestic violence caused by the other party, which seriously impacts their life, health, or mental well-being.

4. Judgments Related to Marriage and Family Disputes

a. Collection of Marriage and Family Judgments featuring overseas plaintiffs.

b. Collection of 10 Marriage and Family Judgments involving property and child custody disputes where the couple cohabitated without marriage registration.

c. Collection of 10 Marriage and Family Judgments involving disputes over parent-child determination.

d. Collection of 10 Marriage and Family Judgments involving post-divorce property disputes.

e. Collection of 10 Marriage and Family Judgments involving child custody disputes.

f. Collection of 10 Marriage and Family Judgments involving property disputes over land use rights.