The latest separation application form for 2025.

The latest separation application form for 2025.

Below is the latest sample separation application form for 2025 that spouses considering separation can refer to:

DOWNLOAD the latest separation application form for 2025.

- Regarding applicant information: Please fill in all the information including: Full name; Date of birth; Current address (as recorded in the household registration book or temporary residence book)

- Information about the applicant's spouse: The applicant must clearly state the spouse's full name; their date of birth and current address.

- Marriage registration information: Accurately record the date and place of marriage registration as stated on the marriage certificate issued by the competent authority.

- Marital status information: This section clearly states the marital status of the couple, which may include:

+ The spouse frequently engages in domestic violence.

+ The spouse has committed adultery, promising to end it multiple times but continuing the behavior.

+ Spouses frequently argue and cannot find common ground in their marriage.

+ Spouses disagree on how to care for the children, manage daily expenses, etc.

- Reason for wanting to separate: Clearly state the reasons why you and your spouse want to live separately at this time, for example:

Both parties need to reconsider their married life.

Each party needs time and space to reflect on themselves and understand the other better…

+ To minimize the level of conflict and arguments….

- Regarding the duration of separation: The duration of separation will be agreed upon by both spouses. If no starting date is specified, the separation application will take effect from the date both parties sign the document.

How long does a separation have to last before a divorce can be granted?

The 2014 Marriage and Family Law and other related legal documents do not specify how long a separation must last before a divorce can be granted.

However, the 2014 Marriage and Family Law stipulates the following regarding divorce:

According to Article 51 of the 2014 Law on Marriage and Family, the right to request a divorce is stipulated as follows:

Right to request a divorce settlement

1. Either the husband, wife, or both have the right to request the court to resolve the divorce.

2. Parents, other relatives have the right to request the Court to resolve a divorce case when one spouse suffers from mental illness or other diseases that prevent them from understanding or controlling their own behavior, and is also a victim of domestic violence perpetrated by their spouse, seriously affecting their life, health, and mental well-being.

3. A husband does not have the right to request a divorce if his wife is pregnant, has just given birth, or is raising a child under 12 months old.

So,In principle, either the husband or wife, or both, have the right to request the court to resolve the divorce (i.e., unilateral divorce - divorce at the request of one party and consensual divorce).

Note: A husband does not have the right to request a divorce if his wife is pregnant, has just given birth, or is raising a child under 12 months old.

Furthermore, parents and other relatives have the right to request the Court to resolve a divorce case when one spouse suffers from mental illness or other diseases that prevent them from understanding or controlling their own behavior, and is also a victim of domestic violence perpetrated by their spouse, seriously affecting their life, health, and mental well-being.

In addition, Article 56 of the 2014 Law on Marriage and Family stipulates the following:

Divorce at the request of one party.

1. When a spouse requests a divorce and reconciliation at the court fails, the court shall grant the divorce if there is evidence that the spouse 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.

2. If the spouse of a person declared missing by the court requests a divorce, the court shall grant the divorce.

3. In cases where a divorce is requested as stipulated in 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.

At the same time, based on Article 55 of the 2014 Law on Marriage and Family, the following is stipulated:

Divorce by mutual consent

In cases where both spouses request a divorce, if the court finds that both parties genuinely and voluntarily agree to the divorce and have reached an agreement on the division of property and the custody, upbringing, care, and education of the children, ensuring the legitimate rights of the wife and children, then the court will grant the divorce; if they cannot reach an agreement or if the agreement does not ensure the legitimate rights of the wife and children, then the court will resolve the divorce case.

So,It can be seen that the law does not have any regulations regarding separation or how long a separation must last before divorce. Therefore, separation will not determine or affect the timing of divorce. Spouses can proceed with divorce as follows:

+ Divorce by mutual consent:If the divorce is voluntary and an agreement has been reached regarding the division of property and the custody, upbringing, care, and education of the children, ensuring the legitimate rights of the wife and children, then the court will recognize the consensual divorce; if no agreement is reached, or if the agreement does not ensure the legitimate rights of the wife and children, then the court will resolve the divorce case.

+ Unilateral divorce:If there is evidence that a spouse has committed acts of domestic violence or seriously violated the rights and obligations of a spouse, causing the marriage to fall into a serious state, making cohabitation impossible, and preventing the purpose of the marriage from being achieved.

Is it possible to date someone else after separating from your spouse?

Based on Article 57 of the 2014 Law on Marriage and Family, the following is stipulated:

The timing of the termination of marriage and the responsibility for sending the divorce judgment or decision.

1. The marital relationship ends from the date the court's divorce judgment or decision takes legal effect.

2. The court that has resolved the divorce must send the legally effective divorce judgment or decision to the agency that registered the marriage for recording in the civil registry; to both parties to the divorce; and to other individuals, agencies, and organizations as prescribed by the Code of Civil Procedure and other relevant laws.

So,The marital relationship ends from the date the court's divorce judgment or decision takes legal effect.

At the same time, according to Clause 2, Article 5 of the 2014 Law on Marriage and Family, the protection of the marriage and family system is stipulated as follows:

Protecting the marriage and family system.

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2. The following actions are prohibited:

a) Fictitious marriage, fictitious divorce;

b) Child marriage, forced marriage, fraudulent marriage, obstruction of marriage;

c) A person who is already married but marries or cohabits with another person, or a person who is not yet married but marries or cohabits with someone who is already married;

d) Marriage or cohabitation between people of the same direct bloodline; between people related within three generations; between adoptive parents and adopted children; between former adoptive parents and adopted children, father-in-law and daughter-in-law, mother-in-law and son-in-law, stepfather and stepdaughter, stepmother and stepson;

...

So,Separation does not terminate the marriage between husband and wife. However, if you meet someone else during the separation period...which to marry or live togetherHaving an affair with someone else is considered a violation of the prohibitions in the 2014 Marriage and Family Law.

At the same time, this behavior may be subject to administrative penalties under Article 59 of Decree 82/2020/ND-CP, specifically:

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following acts:

a) Being married and marrying someone else, or being unmarried and marrying someone you know is already married;

b) Being married but cohabiting with another person as husband and wife;

c) Living together as husband and wife with someone who is already married, even though one is not married.

d) Marriage or cohabitation between a former foster parent and their adopted child, a father-in-law and his daughter-in-law, a mother-in-law and her son-in-law, a stepfather and his stepchild, or a stepmother and her stepson;

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