Tiếng Việt
English
Korean
Chinese
Distinguishing between consensual divorce and unilateral divorce is a question that many clients and readers have asked. Divorce is the termination of the marital relationship between husband and wife. Currently, there are two types of divorce: unilateral and consensual. So how are these types alike and different? Below, OTIS LAWYERS will share with readers the key distinctions between the two forms of divorce.
What are the Similarities Between Consensual Divorce and Unilateral Divorce?
Divorce is the termination of the marital relationship through a legally effective judgment or decision by the court.
This definition is detailed in Article 3, Clause 14 of the Law on Marriage and Family. Thus, for a divorce to take effect, it must be accompanied by a legally binding judgment or decision by the court, officially ending the marital relationship.
Consensual Divorce
According to Article 55 of the Law on Marriage and Family, consensual divorce is defined as follows:
When both spouses jointly request a divorce, and it is deemed that both parties genuinely consent to the divorce and have agreed on matters regarding property division, child care, nurturing, and education in a way that ensures the legitimate rights of the wife and children, the court will recognize the consensual divorce. If an agreement cannot be reached or does not ensure the legitimate rights of the wife and children, the court will proceed to handle the divorce.
Unilateral Divorce
As regulated in Article 56 of the Law on Marriage and Family, this type of divorce is based on the request of one party:
When either the husband or wife requests a divorce and court reconciliation is unsuccessful, the court will grant a divorce if there is evidence of domestic violence or a severe violation of marital rights and duties, causing the marriage to be in a serious state, preventing the marital life from continuing, and failing to fulfill the purpose of marriage.
Similarities Between Consensual and Unilateral Divorce
From these definitions, the similarities between the two types of divorce are as follows:
- Both aim to terminate the marital and familial relationship between husband and wife.
- Divorce is only complete once a petition is filed with the court and an official legal document (a binding judgment or decision) is issued, fully ending the marital relationship.
- The general divorce court fee, if there is no valuation involved, is VND 300,000; if there is, the fee depends on the asset value (starting from VND 300,000 to VND 112 million + 0.1% of any asset value exceeding VND 4 billion).
Differences Between Consensual Divorce and Unilateral Divorce
Apart from the similarities, unilateral divorce and consensual divorce have several fundamental differences. Some notable distinctions are as follows:
Criteria | Unilateral Divorce | Consensual Divorce |
Legal Basis | Article 56 of the Law on Marriage and Family | Article 55 of the Law on Marriage and Family |
Definition | One spouse requests the court to terminate the marriage when it has deteriorated, common life is unsustainable, and the marital purpose is unachievable | Both spouses voluntarily agree to divorce and settle issues like asset division, child custody, etc. |
Nature | Civil lawsuit | Civil matter |
Who Initiates | - Husband or wife; - Parents or relatives if one party has a mental illness or similar condition preventing comprehension and is a victim of domestic violence by the other spouse. | Both spouses jointly request |
Documents Required | - Unilateral divorce application; - Marriage certificate; - ID documents; - Children’s birth certificates (if any), asset documents (if any)… | - Consensual divorce application; - Marriage certificate; - ID documents; - Children’s birth certificates (if any), asset documents (if any)… |
Competent Court | District-level People’s Court where the respondent resides or works. Cases involving foreign elements are handled by the provincial People’s Court. | District-level People’s Court where either spouse resides, as agreed |
Duration | Approximately 4–6 months | Approximately 2–3 months, 30 days if in simplified procedures |
Outcome | Divorce judgment | Divorce decision |
The table above highlights the criteria that differentiate consensual divorce from unilateral divorce. For more information, please contact OTIS LAWYERS for detailed guidance and consultation.
For any questions or comments, please contact:
OTIS AND PARTNERS LAW FIRM
Office address: 2nd Floor, CT3 Building, Yen Hoa Park View Urban Area, No. 3 Vu Pham Ham Street, Yen Hoa Ward, Cau Giay District, Hanoi
Email: [email protected]
Hotline: (+84)987748111
Comments