Is It Necessary to Prove the Other Party’s Fault in a Unilateral Divorce? Key Points to Know in Vietnam

When facing a decision to file for unilateral divorce in Vietnam, one of the most common concerns is: “Do I need to prove that my spouse is at fault?” This article will help you understand the latest legal regulations, real-life scenarios, and how to protect your rights in a unilateral divorce.

1. Unilateral Divorce under Vietnamese Law: Grounds and General Regulations

1.1. Definition and Right to Unilaterally File for Divorce

A unilateral divorce (also known as divorce at the request of one party) occurs when only the husband or wife petitions the Court to terminate the marriage without the consent of the other party.

According to Article 51 of the Law on Marriage and Family 2014, both spouses have the right to request a unilateral divorce. Previously, Vietnamese law recognized the concept of a “divorce due to fault,” but this is no longer compatible with the modern view of personal freedom in marriage.

1.2. Legal Grounds for the Court to Approve a Unilateral Divorce

For the Court to approve a unilateral divorce (if mediation fails), the petitioner must provide convincing grounds that:

• The husband or wife has committed domestic violence;

• The husband or wife has seriously violated the marital rights and obligations, causing the marriage to fall into a seriously deteriorated state, where cohabitation cannot continue, and the purpose of marriage cannot be achieved;

• The spouse has been declared missing by the Court, or the petitioner is a relative of a person who, due to mental illness, cannot perceive or control their actions and commits acts of domestic violence seriously affecting the family.

If no clear legal basis as mentioned above is provided, the Court may refuse to approve the unilateral divorce.

➡ Conclusion: Although it is no longer necessary to label a party as “at fault” under current law, you must still provide evidence of serious violations by the other party as stated in the legal grounds.

2. When Is It Necessary to Prove Fault, and What If You Have No Evidence?

2.1. Situations Requiring Proof of “Fault” (Serious Violations)

In practice, many unilateral divorces are based on proving fault in the form of violating marital obligations or committing domestic violence.

For example: infidelity, lack of fidelity, abuse, physical assault, or humiliation. If there is clear evidence, these are strong grounds for the Court to approve the divorce.

In these cases, “fault” is not a legal term but rather a practical way to describe the requirement that one party has seriously violated the marital rights and obligations.

Evidence may include police reports, medical certificates, witness statements, photos of injuries, or written complaints — all of which play a crucial role in convincing the Court.

2.2. What If There Is No Clear Evidence?

If you cannot provide sufficient evidence to prove serious violations, the likelihood of the Court accepting your unilateral divorce is lower. For instance:

• When the petitioner claims that their spouse “no longer cares, helps, or shares,” but the couple still cohabits, the Court may find this insufficient to determine that the marriage has broken down irretrievably.

• If a unilateral divorce lacks legitimate reasons as defined by law, the Court may reject the petition.

However, in practice, Vietnamese courts often adopt a flexible approach — if there are clear signs that the relationship has seriously deteriorated, even imperfect evidence may still suffice, provided the petitioner can convincingly demonstrate that reconciliation is no longer possible.

3. Practical Guidance: How to File for a Unilateral Divorce and Protect Your Rights

3.1. Preparing Documents and Evidence

To increase the likelihood of your unilateral divorce being approved, you should:

1. Prepare a divorce petition, clearly stating the reason and the circumstances of violations of marital rights and obligations.

2. Collect relevant evidence, such as:

   • Medical reports or injury assessments in cases of violence;

   • Testimonies from witnesses, neighbors, or local authorities;

   • Text messages, emails, photos, or videos proving infidelity or humiliation;

   • Records of prior mediations or complaints filed with authorities;

   • Reports of domestic violence incidents (if applicable).

3. Personal documents: Marriage certificate, children’s birth certificates (if any), ID cards/citizen ID, and household registration (if still used). Notably, you are not required to submit the spouse’s ID or household registration if you do not have them.

4. Property-related documents (if requesting property division): proof of ownership, origin of assets, and relevant paperwork.

3.2. Court Procedures and Practical Advice

• File the petition with the Court that has jurisdiction — typically where the respondent resides or works, as stipulated in Articles 35 and 39 of the 2015 Civil Procedure Code.

• Mediation at the Court is mandatory (except in special cases) under Article 57 of the Law on Marriage and Family.

• If mediation fails, the Court will open a trial and issue a judgment.

• If the respondent fails to attend after two valid summonses without a legitimate reason, the Court may proceed in absentia.

• The process usually takes 4–6 months, or longer in complex cases.

• When dividing assets, the Court will consider each party’s contribution, circumstances, and degree of fault (if proven) to decide a fair distribution.

• At the conclusion of the trial, if approved, the Court will issue a judgment officially terminating the marriage.

4. Conclusion

Under current Vietnamese family law, you do not need to prove “fault” as in the old legal framework. However, to ensure a smooth unilateral divorce, you should still have clear evidence of serious violations of marital rights or obligations (e.g., domestic violence, adultery, abuse). Without such proof, the Court may reject your petition.

If you are considering filing for a unilateral divorce but are unsure where to start, or if you need assistance gathering evidence or preparing a legally sound petition — DEDICA Law is ready to accompany you to protect your rights and ensure your divorce process proceeds effectively and efficiently.

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