Tiếng ViệtDivorce is the termination of a marital relationship pursuant to a court judgment or decision that has taken legal effect. It is an important legal procedure that involves various related matters such as child custody, property division, alimony, and divorce costs. Understanding the divorce procedures in 2025 helps protect your legal rights, avoid mistakes, and save both time and expenses.
In this article, Lexconsult & Partners provides a detailed guide on divorce procedures in Vietnam 2025, including required documents, processes for unilateral and mutual consent divorce, rules on child custody, property and debt division, as well as court fees and other costs — helping you prepare effectively for every stage.
1. Definition of Divorce in 2025 and Latest Legal Grounds
Clause 14, Article 3 of the Law on Marriage and Family 2014 defines:
“Divorce is the termination of the marital relationship pursuant to a court judgment or decision that has taken legal effect.”
1.1. Mutual Consent Divorce
Under Article 55 of the Law on Marriage and Family 2014, if both spouses genuinely agree to divorce, and have reached consensus on property division and child custody arrangements in a way that protects the lawful rights of both the wife and children, the court will recognize a mutual consent divorce.
If, however, the spouses fail to reach an agreement, or the agreement does not ensure fairness and lawful interests, the court will resolve the matter under the procedure for unilateral divorce.
1.2. Unilateral Divorce (Divorce at the Request of One Party)
In cases where only one spouse files for divorce, according to Article 56 of the Law on Marriage and Family 2014:
– If court mediation fails and there is evidence that the other spouse has committed domestic violence or seriously violated marital obligations, causing the marriage to become seriously broken and cohabitation impossible, the court shall grant the divorce.
– If the spouse of a person who has been declared missing files for divorce, the court shall also resolve the case.
– Additionally, parents or relatives may request a divorce under Article 51 if there is evidence that one spouse is suffering domestic violence that seriously threatens their life, health, or mental well-being.
2. Who Has the Right to File for Divorce and Under What Conditions?
Under the Law on Marriage and Family 2014, divorce means ending a marriage through a court judgment or decision. Therefore, it is essential to determine who is legally entitled to file for divorce.
According to Article 51 of the Law on Marriage and Family 2014:
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The husband, the wife, or both have the right to request the court to settle a divorce.
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Parents or other relatives have the right to request the court to settle a divorce when one spouse, due to mental illness or another condition, cannot recognize or control their behavior, and is also a victim of domestic violence seriously harming their life, health, or spirit.
A crucial point: The husband is not allowed to request a divorce when his wife is pregnant, giving birth, or raising a child under 12 months old. Conversely, the wife still retains the right to file for divorce during this period.
In such sensitive cases, seeking advice from a divorce lawyer is highly recommended to ensure proper handling and protection of rights.
Accordingly, the persons entitled to file for divorce are primarily the husband or the wife. In special circumstances, parents or other relatives may, on their behalf, request the Court to settle the divorce.
3. Divorce Procedures in Vietnam 2025
3.1. Required Documents for Divorce in 2025
To have the court accept and process a divorce case, the applicant must prepare the following documents:
| Category | Details | Notes |
|---|---|---|
| Basic documents (mandatory) | – Divorce Petition: + Mutual consent: Joint request for divorce and agreement on child custody and property division (signed by both parties). + Unilateral: Divorce petition form under Resolution No. 01/2017/NQ-HDTP. – The petition can be handwritten, typed, or printed from the official form. |
Without a petition → the court will not accept the case. |
| Marriage Certificate (original) | Proof of lawful marriage. If lost: request a certified copy from the Commune People’s Committee where the marriage was registered. |
Photocopies without certification are not accepted. |
| Identification documents | Certified copies of ID cards or Citizen ID (or valid passport). | Certified copies required. |
| Documents on common children (if any) | Certified copies of birth certificates. | Both parents retain rights and obligations toward the child after divorce. |
| Documents on common property (if division is requested) | Proof of ownership: land use right certificate, sales contract, vehicle registration, savings books, share certificates, etc. | Certified copies required. |
| Evidence for unilateral divorce | Proof of violations: domestic violence, adultery, neglect, debt, etc. | Can be supplemented later if incomplete. |
| Evidence for mutual consent divorce | Documents proving voluntary and lawful agreement on child custody and property. | Helps the court expedite recognition. |
| Special cases | If one party loses legal capacity: a court decision appointing a legal representative is required. | Mandatory for court proceedings. |
Important notes:
– If the marriage certificate is lost → request a certified copy.
– If no ID/Passport → contact the court for replacement guidance.
– The difference between unilateral and mutual consent divorce lies in the type of petition used:
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Unilateral divorce: Form issued under Resolution No. 01/2017/NQ-HDTP.
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Mutual consent divorce: Joint request form signed by both parties.
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3.2. Where to File the Divorce Petition – Court Jurisdiction
Under the Civil Procedure Code 2015 (amended 2025), the district-level People’s Court has jurisdiction to handle divorce cases at first instance.
Jurisdiction depends on the type of divorce:
– Mutual consent divorce: The spouses may agree to file the petition with the court where either the husband or wife resides.
→ Within 3 working days after receiving the petition, the Chief Judge assigns a Judge to review the case.
– Unilateral divorce: Under Article 39 of the Civil Procedure Code, the petition must be filed at the court where the respondent (the other spouse) resides or works.
→ The petitioner must file in the area where the other spouse lives or works.
Additional notes:
– Full authorization of the divorce process is not allowed.
– Another person may file or pay court fees on behalf of the applicant.
– If unable to attend court hearings, a written request for trial in absentia may be submitted.
3.3. Divorce Procedure in Vietnam 2025 by Type of Case
(i) Mutual Consent Divorce
| Step | Description | Details / Notes |
|---|---|---|
| Step 1 | File the petition | Both spouses jointly file the petition at the People’s Court where either resides. Petition must bear both signatures. |
| Step 2 | Mediation & review | Within 1 month of acceptance, the Court conducts mediation. If reconciliation succeeds → the case is dismissed. If not → the Court holds a meeting to review the petition. |
| Step 3 | Recognition decision | The Court issues a decision recognizing the divorce when both parties are voluntary and have a lawful agreement on child custody and property. The decision takes immediate effect and cannot be appealed. |
Notes:
– If the parties cannot agree → the case is converted into a unilateral divorce.
– For children aged 7 years or older, the Court must seek their opinion before deciding custody.
(ii) Unilateral Divorce
| Step | Description | Details / Notes |
|---|---|---|
| Step 1 | File the petition | The petitioner submits the petition with evidence to the Court where the respondent resides/works. After paying the provisional court fee → the Court accepts the case. |
| Step 2 | Case preparation & mediation | Preparation period: up to 4 months. The Court organizes mediation: if successful → recognizes reconciliation; if not → issues a decision to bring the case to trial. |
| Step 3 | First-instance hearing | The trial is held within 1–2 months after the decision to proceed. If the petitioner is absent twice without valid reason → the case is dismissed. If the marriage is proven irretrievably broken → the Court issues a divorce judgment. |
Note: The judgment of unilateral divorce takes legal effect after the appeal period expires.
4. Key Issues in Divorce: Child Custody, Property Division, and Joint Debts
Divorce not only terminates the marital relationship but also gives rise to important legal issues such as child custody, alimony, property division, and the settlement of joint debts — all of which are common sources of disputes.
4.1. Parental Rights and Obligations After Divorce
According to Article 81 of the Law on Marriage and Family 2014, even after divorce, both parents remain responsible for:
– Children under 18 years old;
– Adult children who have lost working capacity and cannot support themselves.
| Party | Rights | Obligations |
|---|---|---|
| Parent with direct custody | – Request child support from the other parent. – Retain the lawful right to raise and educate the child. |
– Take care of, nurture, and educate the child. – Must not obstruct the other parent’s visitation rights. |
| Parent without direct custody | – Visit, care for, and maintain emotional bonds with the child. – Participate in the child’s education. |
– Pay child support as agreed or as ordered by the court. – Respect the child’s right to live with the custodial parent. |
| Both parents | – Mutually agree to change custody if it serves the child’s best interests. – May request the court to review custody decisions. |
– Always act in the child’s best interests. – Even if custody rights are restricted, must continue paying child support. |
Cases of parental rights restriction include:
– Abusing visitation rights, causing harm to the child;
– Committing domestic violence or neglect;
– Dissipating the child’s property;
– Living immorally or inciting the child to commit illegal acts.
4.2. Division of Common Property and Joint Debts
Alongside child custody, property division and debt settlement are key aspects of divorce proceedings.
(i) Principles of Property Division
– Priority for agreement: Spouses are encouraged to reach an agreement on property division. If the agreement is lawful, the court will recognize it.
– If no agreement is reached: The court will divide property according to Article 59 of the Law on Marriage and Family 2014.
While the statutory principle is equal division, the court considers several factors:
– Family circumstances: The disadvantaged spouse may receive a larger share.
– Contributions: The spouse with greater contributions (including housework and childcare) may receive more.
– Business interests: Ensure continuity of income for the spouse engaged in business or production.
– Fault: A spouse found guilty of adultery, violence, or wasteful behavior may receive a smaller share.
Methods of division:
– Priority is given to division in kind (physical property).
– If not feasible → division based on market value at the time of trial.
– The court must ensure the legitimate interests of minor or dependent children.
Separate property:
– Remains under the ownership of each spouse.
– If separate property was merged into common property, the contributing spouse may be reimbursed for their portion, unless otherwise agreed.
(ii) Settlement of Joint Debts
Joint debts of the spouses include:
– Debts incurred jointly by both spouses;
– Loans for family necessities such as housing, education, or healthcare;
– Obligations arising from the use or disposal of common property;
– Debts related to using separate property for family income.
Responsibility toward third-party creditors:
– After divorce, both spouses remain liable for joint debts unless otherwise agreed and approved by the creditor.
– If the creditor files a request, the court will handle debt settlement together with property division.
– If the creditor does not file a request, the court will instruct them to file a separate civil lawsuit.
In summary, the two most contentious issues in divorce are child custody and division of property and debts.
Proper preparation of evidence, clear prior agreements, and consultation with an experienced divorce lawyer can help minimize disputes, save time, and reduce costs.
5. Divorce Costs in 2025: Court Fees, Legal Fees, and Additional Expenses
Cost is always one of the key concerns in any divorce procedure.
Understanding the court fees, service charges, and potential additional expenses helps you plan your finances effectively, avoid delays, and ensure smooth case resolution.
Court Fees and Charges for Mutual and Unilateral Divorce
| Item | Mutual Consent Divorce | Unilateral Divorce |
|---|---|---|
| Fixed Fee | Civil fee: VND 300,000 | First-instance court fee: VND 300,000 |
| Who Pays | As agreed by both parties; if no agreement → divided equally | The petitioner (plaintiff) |
| If Property Dispute Exists | Additional fee based on disputed asset value | Fee calculated as a percentage of property value (the higher the value, the higher the fee) |
| Other Possible Costs | Usually none | May arise (valuation, appraisal, evidence collection, etc.) |
| Overall | Simple procedure, low cost | More complex, higher cost |
Other Possible Expenses
In addition to the fixed fees above, certain cases may require extra costs such as:
– Asset valuation fees: for disputes involving real estate, vehicles, or shares;
– DNA testing fees: if there is a child custody or paternity dispute;
– Evidence collection fees: e.g., obtaining documents, official verifications, or witness statements;
– Divorce Lawyer fees: depending on case complexity, typically ranging from VND 10–30 million, or higher for complex cases with large property disputes.
Important Notes on Court Fees and Charges
– Late payment of provisional court fees may delay the case or cause the court to refuse acceptance;
– Confusion between “civil fee” (mutual consent) and “court fee” (unilateral divorce) is common;
– Property disputes with high asset values lead to higher court fees — financial preparation in advance is essential.
6. Common Mistakes and Legal Risks During Divorce Procedures
During the divorce process, many individuals face the following issues:
– Incomplete documentation: Missing original marriage certificate, children’s birth certificates, or property ownership documents often cause file rejection;
– Disputes over custody or property: If the parties cannot agree, the trial can last several months or even years;
– Changed agreement: In mutual consent cases, if one party changes their mind, the procedure converts into a unilateral divorce — more time-consuming and costly;
– Late payment of fees: Lack of awareness about fee deadlines causes delays in case processing;
– Emotional stress: The process often creates psychological pressure on both spouses and negatively affects the children.
7. Lexconsult & Partners Divorce Legal Services – Saving Time and Costs
From practical experience, Lexconsult lawyers recommend the following:
– Prepare documents accurately from the start to avoid repeated corrections or rejections;
– Prioritize agreements on child custody and property division — this reduces conflict, costs, and time;
– Gather clear evidence (property records, income statements, proof of marital violations) to protect your rights in court;
– Prioritize children’s interests, ensuring stability in their living, learning, and development environment after the divorce.
8. FAQ – Frequently Asked Questions About Divorce Procedures in Vietnam 2025
How long does a divorce take in 2025?
→ A mutual consent divorce usually takes 1–2 months.
A unilateral divorce may take 4–6 months or longer if there are disputes over property or child custody.
Does a unilateral divorce require both parties’ signatures?
→ No. The court will still process the case even if only one spouse files for divorce.
Is it mandatory to have a lawyer for a divorce?
→ Not mandatory. However, if there are disputes over property or child custody, hiring a divorce lawyer is highly recommended to prepare documents, collect evidence, and protect your rights.
At what age can a child choose to live with either parent?
→ When the child is 7 years or older, the court will take their preference into account, but the child’s best interests remain the deciding factor.
How much does a divorce cost in 2025?
→ Mutual consent divorce: Civil fee – VND 300,000.
Unilateral divorce: Court fee – VND 300,000; additional fees apply if there is a property dispute.
Other possible expenses: valuation, appraisal, or lawyer fees.
What if one party refuses to cooperate?
→ The court will still proceed. If the respondent is absent multiple times, the court may conduct the hearing in absentia under the law.
How are divorces with foreign elements handled?
→ These cases fall under the jurisdiction of provincial-level People’s Courts.
Documents must be legalized, translated, and notarized, so the process usually takes longer.
Can a husband file for divorce while his wife is pregnant?
→ No. The husband cannot file during the wife’s pregnancy, childbirth, or while raising a child under 12 months old.
However, the wife retains the right to request divorce in such cases.
Can a divorce be expedited?
→ Yes, if both parties agree and there are no disputes over property or children, the court can issue a decision within 1–2 months.
For unilateral cases, the timeline depends on the court’s procedure and cannot be shortened.
Where should the divorce petition be filed?
→ Mutual consent: Either spouse may file at the court where one of them resides.
→ Unilateral divorce: The petition must be filed at the court where the respondent (the other spouse) resides or works.
In summary, divorce procedures in Vietnam in 2025 require careful document preparation, a clear understanding of court processes, and awareness of potential legal costs. Being well-prepared helps save time, reduce risks, and protect your rights over children and assets.
If you are uncertain or facing difficulties in any stage of the divorce process — from preparing documents and estimating costs to resolving custody or property disputes — Lexconsult & Partners is ready to be your trusted legal companion.
📞 Hotline: 0938 657 775
📧 Email: info@lexconsult.com.vn
Our experienced divorce lawyers provide comprehensive legal advice, representation, and assistance to help you complete the divorce process quickly, lawfully, and with maximum protection of your legal rights.
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