Divorce at the request of one party or unilateral divorce is considered as one of the options when one of the spouses wants to end the marriage. In order to ensure the resolution of the divorce issue when one party requests it, what are the provisions of the law? What is Divorce unilaterally with Vietnamese people? Let’s find out in this article with LSX Law firm
Legal Ground
- Civil Code 2015
- Law on Marriage and Family 2014
Legal provisions on Divorce unilaterally with Vietnamese people
Divorce is the termination of the husband and wife relationship according to a legally effective judgment of the Court. The termination of a marriage between the two parties can be by either party and is unilateral divorce.
Article 56 of the Law on Marriage and Family 2014 provides for this case as follows:
1. When a spouse requests a divorce but the conciliation at the Court fails, the Court shall grant the divorce if there are grounds about the fact that the husband and wife commit acts of domestic violence or seriously violate the rights and obligations of the husband and wife, causing the marriage to fall into serious conditions, the common life cannot be prolonged, the purpose of the marriage is not achieved.
2. When the spouse of the person declared missing by the Court requests a divorce, the Court shall grant the divorce.
3. In case there is a request for divorce as prescribed in Clause 2, Article 51 of this Law, the court shall grant the divorce if there are grounds for the fact that the husband or wife commits acts of domestic violence; causing serious impacts. to the other person’s life, health, or spirit.
Thus, one of the spouses can divorce unilaterally if their marital status falls into the above cases.
Cases of divorce unilaterally with Vietnamese people
In case of failed reconcilation
When there is a request by one party; but before the court hearing; the husband and wife cannot reconcile by themselves. Then, the Court will settle the divorce. But the divorce settlement needs to be clear on whether one of the spouses commits violent acts during the marriage. And that violated the rights and obligations of the other party.
Therefore, the Court will resolve the Divorce unilaterally with Vietnamese people and the unsuccessful conciliation of the two parties along with grounds for domestic violence.
In case one party is declared missing
If the wife or husband of the person who is declared missing applies for a divorce; the Court shall grant the divorce in accordance with the law on marriage and family.
Thus, a person has been declared missing by a court after being missing for 2 consecutive years; or more but has fully applied the measures of notification and search as prescribed by law; but there is no reply; or it has been 2 years since the last day of news about that person, the spouse of the person declared missing have the right to make a request for divorce and the Court will accept that divorce.
However, after a divorce, if the spouse of the person declared missing has been divorced, even if the person declared missing returns or there is reliable information that such person is still alive, the decision for divorce is still valid. L
Where a party loses civil act capacity
Divorce when there is a request by one party but the request comes from a father, mother, or other relative because of the following factors according to Clause 2, Article 51 of the Law on Marriage and Family 2014:
Parents and other relatives have the right to request the Court to settle a divorce when one of the spouses, due to mental illness or other diseases, is unable to perceive and control his or her behavior.
After a divorce request, the relatives can participate in the divorce hearing to ensure the interests of either party. And it is also necessary to provide clear grounds on how domestic violence affects the health of the other party.
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