1. Concept and legal basis of unilateral divorce

1.1. Concept of unilateral divorce

Unilateral divorce is a divorce case arising from the request of one spouse when the other spouse does not agree or shows signs of avoiding marital obligations. This is stipulated in Article 56 of the 2014 Law on Marriage and Family.

1.2. Basis for requesting unilateral divorce

According to Article 56 of the 2014 Law on Marriage and Family, the Court shall resolve unilateral divorce when one of the following grounds exists:

• Married life is in a serious state that cannot be prolonged: The husband and wife no longer have feelings, do not fulfill their common obligations, and often have conflicts.

• Being subjected to domestic violence, being abused, seriously insulted: For example, being beaten, humiliated, mentally threatened.

• One party seriously violates marital obligations: Adultery, neglecting the family, not fulfilling the obligation to raise children.

• One party is missing according to the Court's judgment (according to Article 68 of the 2015 Civil Code).

• One party has a mental illness or other illness that makes it impossible to perceive, control behavior and commits serious acts of domestic violence.

2. Procedures and processes for resolving unilateral divorce

2.1. Competent authority to resolve unilateral divorce

According to Article 39 of the 2015 Civil Procedure Code, the District People's Court where the defendant resides or works has the authority to resolve unilateral divorce cases. If the case has foreign elements, it is under the jurisdiction of the Provincial People's Court.

2.2. Unilateral divorce application form

The plaintiff must use the Unilateral Divorce Application Form as prescribed in Resolution 01/2017/NQ-HDTP of the Supreme People's Court's Judicial Council. The application includes:

• Full name and address of the plaintiff and defendant.

• Reason for divorce.

• Request for child custody and alimony.

• Request for division of property (if there is a dispute).

2.3. Unilateral divorce application

• Unilateral divorce application.

• Original Marriage Certificate.

• Copy of the plaintiff's ID card/CCCD.

• Copy of the common child's birth certificate.

• Evidence proving the reason for divorce (photos, messages, confirmation from the government...).

2.4. Unilateral divorce settlement process

1. Submit the application to the competent Court.

2. The Court shall review the file within 05 working days and notify the payment of provisional court fees (VND 300,000 if there is no property dispute).

3. Mediation at the Court (mandatory, unless there are signs of domestic violence or the defendant intentionally avoids).

4. First instance trial, if mediation fails.

5. Enforcement of the divorce judgment: After 30 days, if there is no appeal, the judgment takes effect.

3. Division of property upon divorce

According to Article 59 of the 2014 Law on Marriage and Family, common property will be divided according to the following principles:

• Common property is divided in half, but contributions are taken into account.

• Private property belongs to the owner, except in cases where it is incorporated into common property.

• Protection of the rights of women and children in the division of property.

If there is a dispute, the Court will consider contributions and the origin of the property.

3.1. Types of assets upon divorce

• Joint assets: Real estate, vehicles, bank deposits, shares, etc.

• Separate assets: Assets acquired before marriage, inherited assets, separate gifts.

• Joint debts: Joint responsibility unless it is proven that one party borrowed separately.

4. Child custody and alimony obligations

According to Article 81 of the 2014 Law on Marriage and Family:

• Children under 36 months old: Mother has the right to raise them, unless they do not meet the conditions.

• Children 7 years old and older: Consider the wishes of the child.

• The court considers economic conditions and living environment to decide on child custody.

• The person who does not directly raise the child must provide alimony according to income and economic conditions.

5. Inadequacies in the practice of unilateral divorce proceedings

The settlement time is prolonged due to the defendant's evasion.

Difficulties in enforcing judgments, especially in dividing assets.

The situation of parents taking advantage of their children to exert pressure in child custody disputes.

5.1. Procedural problems

It is difficult to summon the defendant when they deliberately do not cooperate.

Property disputes are prolonged due to the difficulty in determining the origin of the property.

5.2. Practical problems in child custody

Some cases where parents seek custody but do not meet the conditions.

The person raising the child does not receive adequate support, causing difficulties in taking care of the child.

6. Proposed solutions

Reform administrative procedures, shorten the trial time.

Apply stricter enforcement to defendants who deliberately avoid.

Improve children's rights, ensure the best living environment for children after divorce.

Increase pre-trial mediation, avoid prolonged divorce causing family conflicts.

7. Conclusion

Unilateral divorce is the right of each individual, but the resolution process still has many difficulties. Improving the trial process will help protect the legitimate rights of the parties and improve the effectiveness of law enforcement on marriage and family.

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