Currently, the Vietnamese laws do not provide any specific definition of adultery but only state that: “A cohabitation as a spouse with a person that one of the two persons is in a marriage relationship with another person is considered as a violation of the marriage regime”[2]. Although in practice, adultery may be manifested in…

Under the provisions of Article 51.1 of the Law on Marriage and Family 2014, husband or wife or both has or have the right to request a Court to settle the divorce[2]. Therefore, both spouses have the right to unilaterally divorce. The legal basis for which the Court may accept the unilateral divorce of the…

In principle, the Court must accept the case of the litigants, but it does not mean that the Court must perform this obligation in every case. According to the Civil Proceedings Code 2015, the Court has the right to return the petition if one of the following circumstances occurs: The petitioners have no right to…

For a divorce request which has not been accepted by the Court, the spouses have the right to resubmit the petition and initiate a lawsuit. The Court shall still review the petition and resolve the spouses’ request according to the civil proceedings[2]. However, if a spouse’s divorce petition is rejected by the Court, he or…

A marital separation is only a social term and not a legal term. In practice, a marital separation is a situation where the spouses suspend living together, or no longer taking care of each other and no longer having a physical relationship with each other. However, such suspension of living together has not yet terminated…