What advantages does a wife who has been abused by her husband have when she divorces him?

I would like to ask a lawyer: In a case where a wife is subjected to domestic violence by her husband, can she file for a unilateral divorce? And in this situation, what advantages would the wife have in the divorce proceedings?

Dr. Dang Van Cuong, Lawyer (Head of Chinh Phap Law Office, Hanoi Bar Association) answers: According to the law on marriage and family, divorce can be by mutual consent (both parties agree to divorce) or at the request of one party (unilateral divorce).

Dr. Dang Van Cuong, Lawyer. Photo provided by the subject.

In cases where one party requests a divorce, they must present documentary evidence to prove that the marriage is in a serious state, that cohabitation is impossible, and that the purpose of the marriage has not been achieved. If this evidence is presented, the court will grant the unilateral divorce.

One of the indicators of a severely strained marriage is the occurrence of prolonged domestic violence, which persists despite intervention and mediation from family, friends, organizations, or local authorities.

In cases where a husband and wife have been living separately, neglecting each other, managing separate finances, and ignoring each other's illnesses, despite attempts at reconciliation and persuasion, the situation persists, this is considered a serious marital breakdown and provides grounds for the court to grant a unilateral divorce at the request of one party.

Article 56 of the Law on Marriage and Family stipulates: When a husband or wife requests a divorce and reconciliation at the court fails, the court shall grant the divorce if there is evidence that the husband or wife has committed acts of domestic violence or seriously violated the rights and obligations of the spouse, causing the marriage to fall into a serious state, making cohabitation impossible, and the purpose of the marriage unattainable.

In cases where a divorce is requested according to Clause 2, Article 51 of this Law, the court shall grant the divorce if there is evidence that the husband or wife has committed acts of domestic violence that seriously affect the life, health, and mental well-being of the other spouse.

In cases of serious and prolonged domestic violence, when the victim files a request for divorce, the court will accept and process the divorce in accordance with the law.

When resolving a divorce, the court will address issues of child custody and may also handle requests for the division of marital property if the parties cannot agree on the division of marital assets and one party so requests.

Regarding the division of marital property, the law stipulates that marital property will be divided equally, but based on the principle of taking into account the origin, contribution, circumstances of each party, and especially the fault that led to the breakdown of the marriage.

According to the law, whoever is at fault or violates their marital obligations will suffer losses when dividing the couple's joint property.

Therefore, if a woman who has been abused files for divorce and cannot agree on the division of marital property, she also has the right to request the court to resolve the division of marital property and to ask the court to determine the husband's fault in causing the divorce, in order to gain an advantage when requesting the court to divide the property.

In cases where the wife is subjected to prolonged domestic violence, the request for divorce may be processed simultaneously with reporting the husband's abusive behavior, or after any criminal cases have been resolved.