According to Article 51 of the 2014 Law on Marriage and Family, as guided by Resolution 01/2024/NQ‑HĐTP effective from July 1, 2024:
A husband has no right to unilaterally file for divorce while his wife is pregnant, giving birth, or nursing a child under 12 months old, regardless of the child’s biological father.
The wife still has the right to file for a unilateral divorce or proceed with a mutual consent divorce as normal.
This regulation aims to protect the health and mental well-being of women and children during this sensitive period.
Case of Ms. Mai, 7 months pregnant in Hanoi
Ms. Mai suspected her husband of infidelity and emotional abuse. Determined to leave, she decided to file for divorce while pregnant. Under the new law, she can submit a petition, and the court will process it. If the husband files, the court will reject it due to the restriction during pregnancy.
Dedica's guidance for the process:
Prepare a complete dossier: divorce petition, marriage certificate, ID cards, prenatal checkup records/doctor’s confirmation of pregnancy, and evidence of cause (messages, letters, reports).
File at the district-level People’s Court where the husband resides.
Attend mediation sessions: if reconciliation fails, the court will proceed.
After the birth or once the child is over 12 months, the husband may file, and the court will then accept it.
Outcome: Ms. Mai successfully divorced, and her husband could not block the process during the protected period — ensuring her and her child’s rights.
A pregnant wife retains full rights to file for divorce, whether unilaterally or by mutual consent. In contrast, the husband is prohibited from filing during this period.
Divorce petition (unilateral or mutual consent)
Hospital-confirmed pregnancy documents
Marriage certificate and identification papers
Evidence of abuse or adultery (texts, photos, witness statements)
If possible, opt for a mutual consent divorce — it’s quicker and simpler (typically resolved within 1–2 months). If unilateral, ensure a complete dossier to shorten proceedings.
Dedica recommends having legal counsel to:
Draft a clear and complete file
Represent you at court and assist with mediation
Protect your rights concerning child custody, alimony, and property division
Are you a pregnant woman in an irreparable marriage? You absolutely have the right to divorce — don’t wait until your child is 12 months old.
If you prefer a smoother process without heavy conflict, opt for mutual consent divorce.
Let Dedica’s legal team support you by:
Helping gather and prepare evidence
Representing you in court to secure custody and financial rights
Ensuring peace of mind during this sensitive time and a better future ahead
Contact Dedica Law Firm today for a free consultation:
Divorce during pregnancy — procedures, evidence, legal rights
Effective solutions for asset division and child custody
Court representation — safe, professional, and compassionate support
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