Notes on Divorce at the Request of One Party
When either the husband or the wife petitions for divorce and conciliation at the Court fails, the Court shall grant divorce if there are grounds to determine that the husband or wife has committed acts of domestic violence or has seriously violated the rights and obligations of husband and wife, causing the marriage to fall into a serious situation, making cohabitation impossible, and the purpose of marriage unattainable.
Specifically:
- “The husband or wife commits acts of domestic violence” refers to acts as prescribed in Clause 1, Article 3 of the Law on Prevention and Control of Domestic Violence.
- “Serious violation of the rights and obligations of husband and wife” refers to violations under the Law on Marriage and Family concerning the rights and obligations of husband and wife that seriously infringe upon the lawful rights and interests of the other party.
– Example: The husband or wife dissipates family property. - “Marriage falls into a serious situation, cohabitation cannot continue, and the purpose of marriage is unattainable” refers to one of the following cases:
a) There is no marital affection, e.g., the husband and wife do not love, respect, care for, or assist each other; they live separately and abandon the other spouse;
b) The husband or wife commits adultery;
c) The husband and wife insult each other, causing harm to honor, dignity, reputation, mental suffering, or inflict injuries or harm to each other’s health;
d) There is no equality in rights and obligations between husband and wife; lack of respect for the freedom of belief and religion of the other party; failure to support or create conditions for each other’s development.
Accordingly, if one party does not agree to divorce (i.e., there is no mutual consent to divorce), the party wishing to divorce may file a petition, and the Court shall consider the above grounds to render a decision on divorce.
Legal Grounds:
– Article 56 of the 2014 Law on Marriage and Family
– Article 4, Resolution No. 01/2024/NQ-HĐTP guiding the application of certain provisions of law in resolving marriage and family cases.
