Show this, the life try to be a date as well as the special variable in the world young. Many couples want to live together to experience what it feels like to live together before marriage. However, this experimental work is very risky and systematic. What is cohabitation? Is pre-marriage testing legal? To better understand this issue, today, LSX Lawfirm will give you an article about “Does cohabitation violate Vietnamese law?“, as follows:
Legal grounds
Law on Marriage and Family 2014.
What is cohabitation?
Cohabitation is used to refer to couples who have a romantic relationship and live together as husband and wife, but did not register the marriage.
Currently, the Law on Marriage and Family 2014 and legal documents do not have definitions and regulations on cohabitation between men and women. The law only deals with cohabitation as husband and wife, as men and women organize their lives together and treat each other as husband and wife.
Along with the development of society, cohabitation has become more and more popular and up to now, this lifestyle is still controversial with many different opinions.
Is cohabitation against the law?
According to Article 14 of the Law on Marriage and Family: Men and women who fully meet the marriage conditions and live together as husband and wife without marriage registration will not give rise to rights and obligations between husband and wife.
But in fact, cohabiting leads to many co-creation of assets; especially the issue that children should cohabit bring many legal consequences. At the end of this relationship, there may be disputes related to children, property…
According to the above provisions, the law does not prohibit cohabitation between individuals.
However, Article 5 of the Law on Marriage and Family stipulates: “It is forbidden for a married person to marry or live as husband and wife with another person; or unmarried, unmarried but married or cohabiting as husband and wife with a married person.
Thus, if two single people cohabit, they not prohibited by law. But if either or both parties are married, it will be a violation of the law.
Consequences of cohabitation
Although the law does not prohibit it, it also discourages two men and women from cohabiting. Because cohabitation can arise some undesirable consequences such as:
The husband and wife relationship is not recognized and protected by law for the parties
- The husband and wife relationship only recognized and protected by law if the two parties register their marriage according to regulations at the competent authority after fully meeting the marriage conditions. Therefore, if cohabiting, men and women are not recognize as legal spouses;
- Male and female cohabiting does not give rise to rights and obligations between husband and wife, so if a third person appears, the other person will not protected by law; at the same time, the adulterer does not have to bear any legal responsibility.
Child’s birth certificate does not have father’s name
One of the necessary conditions for making a birth certificate for a child is a marriage certificate. Cohabiting couples who want to get a birth certificate for their children will forced to declare their mother’s last name because the father has not identified. The provisions of Clause 2, Article 15 of Decree 123/2015/ND-CP shall apply:
“In case the father cannot identify, when registering for birth, the child’s surname, ethnicity, hometown, nationality shall determined according to the mother’s family name, ethnicity, hometown, and nationality; the section about the father in the child’s civil status book and birth certificate left blank”.
Therefore, in the event that the couple does not register their marriage, the child will take the mother’s last name. If in the case the father can prove the paternity; wishes will resolved. At this time, he had to ask the Court to identify the child for the father. Therefore, this often very complicated, complicated, and expensive.
Difficulty in claiming child support
According to Article 110 of the Law on Marriage and Family:
“Fathers and mothers are obliged to support their minor children in case they do not live with their children”
However, in the case of cohabitation, this provision is very difficult to apply. Because on the child’s birth certificate only the mother’s name. If they break up, the mother will have no grounds to ask the father to support the child. If desired, the mother must request identification of the father for the child; must resort to medical tests to prove paternity. This is also not a small expense for a single mother.
Disputes in property relations
In addition to the personal relationship, the property relationship between two people can also arise disputes.
Article 16 of the Law on Marriage and Family 2014 provides:
“Property relations, obligations and contracts of men and women living together as husband and wife without marriage registration shall settled by agreement between the parties; in the absence of an agreement, the settlement shall be in accordance with the provisions of the Civil Code and other relevant provisions of law.”
The settlement of property relations must ensure the legitimate rights and interests of women and children; Housework and other related work for the maintenance of a common life shall regarded as earning labor.
In the case of cohabitation, when everyone goes their separate ways, the common property formed during the cohabitation period is difficult to divide. Because there is no marriage certificate, any property obligations arising during this period will become quite troublesome.
There are properties register to own only in the name of one person. Therefore, if you want to share that property, you must prove your efforts to create it; property formation. This proof seems to be very difficult in practice due to the lack of supporting documents.
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Above is LSX Lawfirm’s advice on the content of the problem “Does cohabitation violate Vietnamese law?“. And all the above knowledge to use in work and life. If you have any questions and need more advice and help, please contact the hotline for the reception. Lawyer X is a place that provides reputable and fast business services at reasonable prices. Customers will be extremely satisfied when using our services.
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Related questions
Article 9 of Decree 123/2015/ND-CP stipulates as follows:
“1. The applicant for birth registration shall submit the papers specified in Clause 1, Article 16 of the Law on Civil Status when registering the birth at the Commune People’s Committee; wards and townships (hereinafter referred to as commune-level People’s Committees); or papers specified in Clause 1, Article 36 of the Law on Civil Status when registering birth at the district People’s Committee; district, town or provincial city (hereinafter referred to as district-level People’s Committee).
2. The applicant for birth registration shall present the papers specified in Clause 1, Article 2 of this Decree.” Thus, birth registration for children is carried out at the People’s Committee of the commune or the People’s Committee of the district.”
Whether the mother is married or not, of age or not, does not affect the child’s right to have a birth. Within 60 days from the date of birth of the child; the person responsible for birth registration must register the child’s birth. (Clause 1, Article 15 of the 2014 Law on Civil Status).
From a legal perspective, the case of living together as husband and wife, without marriage registration. The Law on Marriage and Family still regulates this relationship. Accordingly, this relationship does not give rise to rights and obligations between husband and wife. However, the issue of children or property will be settled according to the provisions of the law in Articles 15 and 16 of this Law. To ensure the rights and obligations between the parties, especially the legitimate rights and interests of women and children.
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