Who has right to file petition for unilateral divorce
Original article written in Vietnamese Ai được quyền gửi đơn yêu cầu ly hôn đơn phương
When the marital conflicts turn bitter and the marriage goals are not achieved, the unhappily married couple have the right to request the Court to deal with the divorce. If the couple do not agree on all relevant issues, then they will follow the unilateral divorce procedure, that is, divorce at the request of one of the spouses. Thus, in addition to the husband and wife, who is entitled to request a divorce according to the law, Nghiep Thanh Law will help you understand all about this issue.
1. Who are allowed to file unilateral divorce applications
Based on the provisions of the Law on Marriage and Family 2014, the Court will decide for divorce in case there are grounds for the couple’s marriage to fall into severe situations, the life together cannot be prolonged, the marriage goals are not achieved because:[1]
– One of the two people commits domestic violence;
– One of the spouses seriously violates the rights and obligations of husband and wife (love, be faithful, respect, care, help each other, live together unless otherwise agreed)
. If a spouse commits the above acts, the other spouse has the right to file a unilateral divorce petition requesting the Court to settle the divorce.
In addition, the following people also have the right to file a petition to request the Court to settle a divorce:[2]
– Father, mother, other relatives when seeing that one of the spouses suffers from mental illness or other diseases so they cannot be aware and control their behaviours, and at the same time are victims of domestic violence caused by their spouse, which seriously affects their life, health and mind.
In particular, the Law on Marriage and Family 2014 states that if a wife is pregnant, giving birth or raising a child under 12 months old, her husband does not have the right to request a divorce.
2. Order and procedure for a unilateral divorce
In order to be issued a unilateral divorce by the Court, the person who file the petition must prepare a complete dossier including:
– An application for unilateral divorce according to the form (Form 23-DS);[3]
– Marriage registration (original), if not, can apply for a photocopy;
– A certified photocopy of the identity card/citizen identity card/… of the husband and wife; household registration book of the family;
– A certified photocopy of the child’s birth certificate if there are children;
– If there is property during marriage and requires division of that property upon divorce, prepare documents proving ownership of the property.
When requesting a unilateral divorce, the person who file the petition must apply to the Court where the defendant resides and works.[4]
At the same time, disputes over Marriage and Family will be settled by the district-level People’s Courts according to first-instance procedures.[5]
Read more Situations where Court not recognize uncontested divorce in Viet Nam
Read more Wife left with children without legal separation or divorce in Viet Nam
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Translator: Le Khanh Linh
Content writer: Bui Thi Nhu
Instructor: Nguyen Linh Chi
Admin: Lawyer Thuan
[1] Article 56.1 Law on Marriage and Family 2014.
[2] Article 51 Law on Marriage and Family 2014.
[3] Resolution 01/2017/NQ-HDTP.
[4] Article 39.1. (a) Civil Procedure Code 2015.
[5] Article 35.1 Civil Procedure Code 2015.
DỊCH VỤ TƯ VẤN PHÁP LÝ HỢP ĐỒNG, BẢO HIỂM XÃ HỘI TRONG LĨNH VỰC LAO ĐỘNG
