Can a divorced person register marriage with another person? Separated but husband lives with other people, what to do? Let us learn about this topic with LSX law firm as follow:
Is separation a divorce?
Divorce is the termination of the husband and wife relationship according to an effective judgment or decision issued by a court. This is; the definition explained in Clause 14, Article 3 of the Law on Marriage and Family.
Therefore, only when the couple carries out divorce procedures at the Court; and the Court decides to terminate the husband and wife relationship by judgment (unilateral divorce) or divorce decision (consent divorce). The marriage relationship between husband and wife has completely ended. At this time, the two will no longer be in a husband and wife relationship with another person and are single.
At the same time, current legal documents do not provide for separation. But in fact, this is a very common situation that occurs between husband and wife. Understandably, separation is when a couple no longer have feelings for each other; do not live together, but have not yet completed divorce procedures at a competent court.
Therefore, separation is not a divorce. Understandably, this is just a situation where a husband and wife do not live together; want to terminate the marriage relationship but have not been; recognized by the law for the termination of the husband and wife relationship.
Can a divorced person register marriage with another person?
What is a divorce? What is the common cause of divorce in Vietnam? According to Point d, Clause 1, Article 8 of the Law on Marriage and Family; the condition for marriage is that it does not fall into one of the prohibited cases such as having a wife or a husband but marrying another person, sham marriage, etc.
Therefore, only if you are currently without a wife, are currently without a husband; and meet other conditions for marriage registration such as full 20 years of age for a man, and full 18 years of age for a woman; Both parties are completely voluntary, registered at a competent authority… then the marriage will be legally valid.
In addition, according to the analysis in Section 1 above, separation is just a situation where husband and wife do not want to live together anymore; want to terminate the husband and wife relationship but have not yet carried out divorce procedures at a competent court. and have not received a legally effective divorce judgment or decision.
That is, separation does not make men or women return to single status. Therefore, the refusal of the judicial officer to issue a certificate of marital status and to refuse to register the marriage for you and your lover is completely legal.
Separated but husband lives with other people, what to do?
Living with other people while married or married is one of the prohibited acts. Even though they are separating, the marriage relationship of husband and wife has not ended. Therefore, this can be; considered an act of adultery.
With acts of adultery, the wife and husband may be; administratively sanctioned or criminally responsible. Specifically:
– Be fined up to 5 million VND based on Clause 1, Article 59 of Decree 82/2020/ND-CP. Specifically, if a spouse is living together as husband or wife with another person or unmarried but living with a person who knows that he/she is; married, a fine of between VND 3 and 5 million will be; imposed.
– Imprisonment for up to 3 years: according to Article 182 of the Penal Code for crimes against monogamy. Procedures for appeal against divorce judgment in Vientnam
Finally, hope this article about Can a divorced person register marriage with another person? is helpful for you!
According to Clause 2, Article 144 of the Civil Procedure Code; court fee and fee advances shall be paid to a competent judgment enforcement agency to be deposited in a custody account opened at the State Treasury and withdrawn. to execute the judgment according to the court’s decision.
Therefore, the involved parties shall pay the court fee and court fee advances at the competent judgment enforcement agency immediately after receiving the court’s notice.
Consent to divorce is the fact that both husband and wife feel that their marriage life is at an impasse, cannot continue, and cannot achieve the original marriage purpose