I. LEGAL BASIS

• Law on Marriage and Family 2014.
• Resolution 01/2024/NQ-HDTP.

According to the 2014 Law on Marriage and Family and current guiding documents, the right to request a divorce is the right of the spouse. However, in some special cases, the law stipulates that unilateral divorce is not allowed in order to protect the legitimate interests of one party in the marital relationship. 

II. SUBJECTS HAVE THE RIGHT TO REQUEST DIVORCE SETTLEMENT

According to current regulations, the following subjects have the right to request the Court to resolve divorce:

• Wife, husband or both.
• Father, mother, and other relatives have the right to request a divorce settlement
  • One spouse, due to mental illness or another illness, cannot perceive and control his or her behavior
  • One spouse is a victim of domestic violence caused by their husband or wife, seriously affecting their life, health, and spirit.

The above regulations on subjects with the right to request divorce are intended to ensure the right to live in a safe and healthy environment, and at the same time create favorable legal conditions so that in necessary cases, marriage can be ended through divorce.

Thus, Vietnamese law has expanded the scope of subjects who have the right to request divorce, thereby protecting the legitimate rights and interests of the parties in the marital relationship, while ensuring fairness and humanity in the process of handling cases related to divorce.

III. DIVORCE AT THE REQUEST OF ONE PARTY (UNILATERAL DIVORCE)

Article 56 of the Law on Marriage and Family 2014 stipulates cases of divorce at the request of one party as follows:

• When a husband or wife requests a divorce but mediation at Court fails, the Court will grant the divorce if there are grounds that the husband or wife has committed domestic violence or seriously violated the rights and obligations of the husband and wife, causing the marriage to fall into a serious state, life together cannot last, and the purpose of marriage not achieved.
• In case the spouse of the person declared missing by the Court requests a divorce, the Court will grant the divorce.
• In case there is a request for divorce from a parent or relative, the Court will grant the divorce if there is evidence that the husband or wife has committed domestic violence that seriously affects the life, health, and spirit of the other person.

IV. CASES WHEN YOU CAN’T UNILATERAL DIVORCE

Previously, in reality, in the absence of regulations in Resolution 01/2024/NQ-HDTP in divorce cases, the Court could still accept the husband’s right to unilaterally divorce in some cases such as:

• In cases where a woman gives birth to a child under 12 months old but does not raise the child, in reality she is not considered pregnant/giving birth/raising a child, so the husband can still unilaterally divorce;
• A woman who is a surrogate for another person is still considered pregnant in principle and the husband does not have the right to divorce;
• The woman asks someone else to be a surrogate, so in reality they are not determined to be pregnant/giving birth/raising a child under 12 months old, so in this case the husband is not limited in his right to divorce;

According to current regulations in the Law on Marriage and Family 2014 and instructions at Resolution 01/2024/NQ-HDTP, the husband does not have the right to request a unilateral divorce in some special cases related to his wife’s pregnancy, childbirth and child rearing. Specifically, the husband does not have the right to request a unilateral divorce in the following cases:

• Pregnant wife: is the period of time the wife is carrying the fetus and is determined by a competent medical facility until the time of giving birth or terminating the pregnancy. During this time, the husband is not allowed to request a unilateral divorce.
• Wife giving birth: in one of the following cases
  • The wife has given birth but does not raise the child from the time the child is born until the child is under 12 months old;
  • The wife gave birth to a child but the child died within a period of less than 12 months from birth;
  • The wife is 22 weeks pregnant or older and must terminate the pregnancy.
• Wife is raising a child under 12 months old.

Note:

• If the wife is pregnant or has given birth, the husband has no right to request a divorce regardless of who the wife gets pregnant or gives birth to.
• In case the wife is raising a child under 12 months old, the husband does not have the right to request a divorce no distinction between biological and adopted children.

This regulation aims to protect the rights of women and children, ensuring mental stability and health for both wife and children during this sensitive period.

V. About Us, Hankuk Law Firm

■ Hankuk Law Firm – Introduction

The goal of the legal services provided by HANKUK LAW FIRM is to support businesses, investors, and people. Our organization employs skilled Korean lawyers, partners, and professionals to provide legal services to businesses related to corporations and litigation.

To support the startup process, our lawyers and staff provide a wide range of services, including business law consulting, tax and immigration law consulting, real estate services, business consulting, marketing and communications, human resources, product distribution, franchise options, etc. We provide expert advice on every aspect of your business needs.

To protect the legitimate rights and interests of our clients and achieve the best results, we provide legal advice and participate in civil lawsuits related to business, labor, marriage, family, and inheritance.

■ Contact us now

For reliable and effective legal advice, please contact HANKUK LAW FIRM now. We are committed to providing you with the best possible answers and our team of experienced lawyers has extensive knowledge in many legal fields. We are always here to provide the most competent and dedicated support, whether you are dealing with contractual issues, commercial disputes or need guidance on foreign investment. HANKUK LAW FIRM is honored to have assisted hundreds of domestic and international clients in skillfully resolving complex legal issues as their trusted legal partner. Do not let legal issues hinder your success. Let us accompany you towards legal achievement and comfort. For prompt guidance and support to ensure your rights are always maintained at the highest standards, contact HANKUK LAW FIRM now.

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