In 2025, divorce procedures in Vietnam still follow the 2014 Law on Marriage and Family. However, there are significant updates under the Civil Procedure Code amended by Law No. 85/2025/QH15, effective from 2025. This article provides the latest insights to help you navigate the divorce process in Vietnam more easily.

1. Who Can File for Divorce and Where?

1.1 Right to Request Divorce
Under the 2025 law, the right to request a divorce remains unchanged: either spouse, or both together, can initiate a divorce. Parents or other relatives may be authorized to act if one spouse loses legal capacity or suffers domestic violence.

1.2 Changes in Court Jurisdiction
According to Clause 2, Article 1 of Law No. 85/2025/QH15, the first-instance court must process the case and assign a judge within 3 working days after receiving the application.

Notable updates:

Mutual consent divorce: You may file at the court where either spouse resides.
Unilateral divorce: If there are no foreign elements, file at the district court where the respondent resides; if there are foreign elements, the provincial court will have jurisdiction.

2. Dossier and Procedure Updates for 2025

2.1 Required Documents

Divorce petition (according to the new 2025 format – mutual or unilateral);
Marriage certificate, ID card/citizen ID/passport, birth certificate(s) of children (if any);
Documentation proving shared property (if applicable).

2.2 Procedure Overview

Mutual consent divorce:

Submit application;
Court accepts within 3 days and requests payment of court fees;
Conducts questioning and reconciliation (can be waived if parties agree);
Issues divorce decision.

Unilateral divorce: As per Article 56 of the 2014 Law on Marriage and Family, valid grounds include abuse, failure to fulfill obligations, disappearance, or loss of legal capacity.
Process: acceptance – reconciliation – first-instance trial – court ruling.

3. Divorce Timeline in 2025

According to the new updates:

Mutual consent divorce: Approximately 2–3 months from court acceptance to final decision.
Unilateral divorce: Roughly 4–6 months if no disputes arise. It may take longer if child custody or property ownership is contested or unclear.

4. Real-World Scenario: Mr. D’s Case

Scenario: Mr. D from Da Nang filed for divorce because his wife abandoned the family, refused to raise their child, declined reconciliation, and refused to divorce. They share a 5-year-old child and a jointly purchased car.

Application of 2025 Regulations:
Mr. D filed the case at the district court where his wife resided. The court accepted the case within 3 days; reconciliation failed. Mr. D provided evidence that his wife had left the family and failed to meet her obligations. The court held a first-instance trial and fairly ruled on child custody and asset division.

Outcome: The divorce was granted in 5 months. Mr. D was awarded custody of the child and received 50% of the car’s value.

5. Advice & Recommendations from Dedica Law Firm

Carefully prepare documents with legal grounds
– Use the 2025 petition format and include valid ID and marriage registration documents.

Choose the appropriate court
– If the case involves foreign elements, file at the provincial court.
– Otherwise, file at the district court where the respondent lives.

Use the reconciliation waiver when possible
– If spouses agree on property and custody, we recommend requesting a waiver of reconciliation to shorten the process.

Prepare strong evidence for unilateral divorce
– For cases like Mr. D’s, gather clear proof of abandonment and child neglect to speed up proceedings.

Choose a professional legal representative
– Dedica Law Firm offers full legal representation for document filing, court appearances, reconciliation, and trials to protect your interests during divorce proceedings in Vietnam.

6. Conclusion

The 2025 legal update maintains the 2014 core law but adjusts court jurisdiction, processing timelines, and reconciliation options.

Mutual consent divorce: 2–3 months
Unilateral divorce: 4–6 months, possibly longer if complications arise

Dedica’s Advice: Prepare thoroughly, select the right court, and seek legal support to protect your rights effectively.

Dedica Law Firm – Professional Family & Divorce Lawyers in Vietnam

With years of experience in Vietnam, Dedica has handled hundreds of mutual, unilateral, and complex contested divorce cases.

Our core services include:

Preparing divorce documentation compliant with 2025 standards;
Legal representation in court, including reconciliation and trial participation;
Strategic advice on asset division and child custody from the outset.