When a marriage cannot continue, spouses in Vietnam have two legal paths to end it: consensual divorce and unilateral (contested) divorce. They differ fundamentally in legal nature, timeline, cost and procedure. This article compares them in detail.
1. Different legal nature
Consensual divorce is a civil matter: the court recognizes the mutual agreement of the spouses to end the marriage and their arrangements on children and property (Articles 212 and 213 of the 2015 Civil Procedure Code). The court does not decide who is right or wrong; it verifies the voluntariness and legality of the agreement.
Unilateral divorce is a civil case: one spouse sues, the other is the defendant, and the court adjudicates the dispute under full civil litigation procedures.
2. Conditions
Consensual divorce requires both spouses to agree voluntarily and to have reached agreement on child custody, care and education and on property division. If any issue remains disputed, the court switches to case procedures.
Unilateral divorce needs only one spouse to petition. However, Article 51.2 of the Law on Marriage and Family bars the husband from petitioning for divorce while the wife is pregnant, has given birth, or is nursing a child under 12 months old — a rule protecting the wife and young children in a sensitive period.
3. Timeline
This is the biggest difference:
- Consensual divorce: after the court records the voluntary agreement of the parties, each side has 07 days to reconsider (Article 213). If neither changes their mind, the court issues a decision recognizing the consensual divorce, which takes legal effect immediately and cannot be appealed under appellate procedures.
- Unilateral divorce: as a civil case, trial preparation lasts 04 months, extendable by 02 months for complex cases (Article 203). In practice, property or custody disputes, or an absent party, can extend this much further — plus appellate time if appealed.
4. Costs: court fees under Resolution 326
Court fees are set by Resolution 326/2016/UBTVQH14:
- No appraisable value (no property dispute, only ending the marriage): first-instance civil court fee of VND 300,000 — for both forms. For consensual divorce (a civil matter), the fee for settling a marriage and family request is also VND 300,000, split equally between the spouses.
- With appraisable value (property in dispute): fees scale with the disputed value — under VND 6 million: VND 300,000; VND 6–400 million: 5%; VND 400–800 million: VND 20 million + 4% of the excess over 400 million; VND 800 million–2 billion: VND 36 million + 3% of the excess over 800 million; VND 2–4 billion: VND 72 million + 2% of the excess over 2 billion; above VND 4 billion: VND 112 million + 0.1% of the excess over 4 billion.
- Appellate fee (unilateral divorce only, since consensual decisions cannot be appealed): VND 300,000.
When spouses agree on property, litigation costs are significantly lower than putting assets into dispute.
5. Procedure at a glance
Consensual: joint petition, court acceptance, statements, conciliation, record of the voluntary agreement, 07-day reconsideration, recognition decision with immediate effect.
Unilateral: one spouse files suit, court acceptance, notification, conciliation, trial preparation (04 months, +02 months extension), first-instance hearing, judgment (appealable within 15 days), appellate trial if appealed.
6. Which route to choose?
If the spouses can still talk and agree on children and property, consensual divorce is faster, cheaper and less damaging — especially with young children. If one side refuses, or property or custody cannot be agreed, or the husband is barred from petitioning (pregnant wife or child under 12 months), unilateral divorce is the only route. Always consult a lawyer before signing any property division agreement: once recognized by the court, it is very hard to change.
Frequently asked questions
How long does a consensual divorce take?
Usually 1 to 3 months from court acceptance, including the mandatory 07-day reconsideration under Article 213 of the Civil Procedure Code.
Can a consensual divorce decision be appealed?
No. It takes legal effect immediately and cannot be appealed under appellate procedures.
Can a husband unilaterally divorce a pregnant wife?
No. Article 51.2 of the Law on Marriage and Family prohibits the husband from petitioning while the wife is pregnant, has given birth, or is nursing a child under 12 months old.
If we cannot agree on property, can we still do a consensual divorce?
No. The court will switch to civil case procedures (disputed divorce).
Legal basis: 2015 Civil Procedure Code (Arts. 203, 212, 213); Law on Marriage and Family (Art. 51.2); Resolution 326/2016/UBTVQH14 on court fees.
Considering consensual or unilateral divorce, or need advice on property division and child custody? Reach out via the contact page of FLAT Law Firm for support.
For general information only; not legal advice.
The legal content of this article was reviewed by the AI Legal Council of FLAT and submitted to the owner for approval; it is not the opinion of a human lawyer and does not replace legal advice for specific cases.
