Can parents ask for a divorce on behalf of their children?

by DungTran

Can parents ask for a divorce on behalf of their children? Can parents “force” their children to divorce? Let us learn about this topic with LSX law firm as follow:

Can parents ask for a divorce on behalf of their children?

Article 51 of the Law on Marriage and Family stipulates that persons with the right to request divorce settlement include:

– Husband and wife (unilateral divorce) or both (consent divorce).

– Father, mother, other relatives: One of the spouses suffers from mental illness or other diseases; unable to perceive and control their own behavior and are victims of domestic violence caused by their husbands and wives; seriously affecting their health, life, and spirit.

According to this provision, parents can request the Court to resolve the divorce on behalf of their children if they meet the above conditions. In which, domestic violence is specified in Clause 1, Article 2 of the Law on Domestic Violence Prevention and Control, including:

a) Torture, mistreat, beat or other intentional acts infringing upon health and life;

b) Insults or other intentional acts that offend the honor and dignity;

c) Isolate, drive away or apply constant psychological pressure, causing serious consequences;

d) Preventing the exercise of rights and obligations in family relations between grandparents and grandchildren; between father, mother and child, between husband and wife; between brothers, sisters and brothers;

d) Forced sexual intercourse;

e) Forced child marriage; forcible marriage, divorce or obstruction of voluntary and progressive marriage;

g) Appropriating, destroying, destroying or other acts intentionally damaging the private property of other family members or the common property of family members;

h) Forcing family members to work too hard or make financial contributions beyond their means; controlling a family member’s income to create financial dependence;

i) There is an illegal act to force a family member out of the residence.

Case both parents do not have custody of children after divorce?

Can parents “force” their children to divorce?

According to the provisions of the Law on Marriage and Family, husband and wife divorce in two forms:

– Divorce by consent: When both people have reached an agreement on ending the husband and wife relationship, dividing common property, common debt, gaining custody of children, etc.

– Unilateral divorce: Also known as divorce at the request of one party. This is one of the couple’s requests for divorce and will be; resolved by the Court if the following conditions are met:

+ The husband or wife commits acts of domestic violence or seriously violates the rights and obligations of husband and wife.

+ The above behavior causes the husband and wife’s marriage to fall into a serious situation, unable to prolong their common life, making the purpose of the marriage unattainable.

– Husband and wife request when one of the other two is; declared missing by the Court.

Conclusion

It can be; seen that divorce is the decision of the husband and wife. Parents may only request a divorce from the Court according to the provisions of Clause 2, Article 51 of the Law on Marriage and Family:

Parents, other relatives have the right to request the Court to settle the divorce when one of the spouses due to mental illness or other disease is unable to perceive; control their own behavior, and at the same time are; victims of domestic violence caused by their husbands and wives, seriously affecting their lives, health, and spirit.

Therefore, if the parents are; not in the above cases, the parents are not allowed to submit the divorce request on behalf of their children. At the same time, the couple divorces only when both or one of them wishes to divorce and has evidence to request the Court to resolve the divorce unilaterally.

If your mother-in-law insists on forcing your husband to divorce you, she may be; administratively fined according to the provisions of Clause 1, Article 55 of Decree 167/2013/ND-CP with a fine of 100,000 – 300,000 VND. However, your mother-in-law will only be; fined if she forces you and your husband to divorce by torturing, ill-treating, mentally threatening or using other tricks. Where to pay divorce fees in Vietnam.

Contact us

Finally, hope this article about Can foreigners make wills in Vietnam? is helpful for you!

In case you have any questions, don’t hesitate to get in touch with Lawyer X for quick and best legal services: +84846175333 or email: hoangson@lsx.vn.

Related questions

Why should you use the service at Lawyer X

The most detailed and specific advice on divorce cases.
Receive specific instructions on the follow-up procedure.
Counseling support during the divorce process.

Based on practical experience, LSX has learned that:

Firstly, a high degree of agreement and consensus must be reached between husband and wife on all issues: Children, property, common debt, feelings… and proceed with a consensual divorce
Secondly, find and choose the right Court to accept the divorce, find out the templates, characteristic of the court to avoid confusion.
Thirdly, prepare components records (including notarization and authentication) to perfection, to avoid mistakes and Finally, the court issuing an additional notice.
the service of a divorce lawyer can help you to complete it quickly and without taking much time

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