In daily life, everyone wants to have a happy and complete marriage. However, birth, old age, sickness and death are natural laws that none of us can avoid. For a marriage relationship, when a person dies or is declared dead by a court, that person’s marriage relationship with one spouse is automatically terminated. So “Cases of the termination of marriage relationship in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Civil Procedure Code 2015
- Law on Marriage and Family 2014
- Civil Code 2015
Definition on the termination of marriage relationship
Marriage is a legal state, established by the legal acts of the individuals and agencies involved. This relationship exists for a long time and is stable, but it is not eternal, only lasts for a certain period of time. When somebody wants to change that status, the relationship will be terminated by decision of the court. According to the Law on Marriage and Family of Vietnam, when one of the following events occurs, the marriage relationship will be terminated:
1) Divorced spouses;
2) One or both spouses die;
3) One or both spouses are declared dead by the court in accordance with civil law.
The termination of marriage relationship means termination of personal and property rights and obligations between husband and wife. In case, the marriage is terminated because one of the spouses dies or is declared dead by the court, the surviving spouse has the right to inherit the deceased’s estate.
Cases of the termination of marriage relationship in Vietnam
Time of the termination of marriage lationship in divorce.
Clause 1, Article 57 of the Law on Marriage and Family 2014 provides as follows:.
1. Marriage relations end since the day of the verdict, the Court ‘ s decision to divorce the Court is in effect law.
2. The Court settled the divorce which must submit the sentence, the divorce decision that has been in effect law for the agency that has made the registration of marriage to record the checkbook; the two parties divorce; the individual, the agency, the other under the provisions of the Civil Procedal Code and others. The other law is relevant.
According to the provisions of Clause 2, Article 282 of Civil Procedure Code 2015, if the first-instance judgment of the Court is not appealed or protested against, it will take legal effect from the expiration of the time limit for appeal or protest. The time limit for appealing against the judgment of the first-instance Court is 15 days from the date of pronouncement.
Thus, the time of marriage termination in divorce is the effective time of the judgment or decision for divorce. The judgment or decision for divorce has the effect of establishing a new legal status that did not exist before as well as establishing new rights of one party or the other.
Time of the termination of marriage relationship due to the death of one of the spouses or the death of one party declared by the Court.
The termination of marriage relationship due to the death of a husband or wife is a natural consequence, proving that marriage is a personal relationship between two people. Procedures for registration of death when a husband or wife dies are in accordance with the law on civil status. When the husband or die, the marriage relationship automatically ends. The rights and obligations between husband and wife arising from marriage shall cease. The surviving husband or wife still enjoys the benefits arising from the marriage with the deceased spouse.
Some of those rights last for life, regardless of whether the person marries another. Those are the rights that as citizens, wives and husbands enjoy (such as the rights about surname, name, ethnicity, nationality, occupation, place of residence, etc.) Surviving husband or wife has the right to marry other people according to the principle of freedom of marriage and in accordance with the provisions of the law on marriage conditions and marriage prohibition.
Legal consequences of the termination of marriage relationship when the spouse is dead
– The common property of husband and wife will be divided according to the provisions of the Law on Marriage and Family and the law on inheritance. Husband or wife will have the right to inherit each other’s property in accordance with the law on inheritance.
– If there is no request of the heirs to divide the estate of the deceased spouse, the surviving party has the right to manage the other’s common estate, unless the will has a designated administrator of the estate property (Clause 2, Article 31 of the Law on Marriage and Family 2014)
– In case, it is necessary to divide the estate of the deceased spouse, at the request of the heirs, the common property of the husband or wife will be divided in half; the property of the deceased wife and husband shall be divided according to the provisions of the law on inheritance.
– According to the law on inheritance, husband or wife will have the right to inherit each other’s property according to the will or the law. If the inheritance is divided according to the law, the surviving husband or wife will belong to the 1st line of heirs along with the deceased wife’s father, mother and children (Article 676 of the Civil Code 2015). A surviving husband or wife is the owner of a part of his/her property in the common property and a part of the inheritance of the deceased spouse, along with other heirs.
Time of the end of the marriage relationship
Pursuant to Article 65 of the Law on Marriage and Family 2014 stipulates the time of marriage termination as follows:
Marriage is over since the time of his wife or her husband’s death.
In the case of the Court claiming the wife or husband is dead, the time of the marriage termination is determined by the date of death recorded in the verdict, the Court ‘ s decision.
Article 66 of the Law on Marriage and Family 2014 provides for the settlement of husband and wife’s property in case one party dies or is declared dead by the Court as follows:
1. When one side of the wife, the husband dies or is declared dead by the Court, the party manages to manage the common property of the spouse, except in the case in the will to specify the legacy of the legacy or the heirs to the deal.
2. When there is a request for inheritance, the common property of the spouse is split, except where the spouses have a deal on the property regime. The property of the wife, the husband who died or was declared dead by the Court is divided by the rule of inheritance law.
3. In the case of dividing the inheritance seriously affecting the life of the wife or husband alive, the family is married, the surviving husband has the right to ask the Court to restrict the inheritance by the provisions of the Civil Code.
4. The husband ‘ s assets in the business are resolved by regulation at 1, 2 and 3 This Article, minus the case of other regulated business laws.
According to regulations, in case of death of a spouse, the marriage relationship automatically terminates, the rights and obligations between husband and wife arising from the marriage relationship will also cease without having to carry out divorce proceedings in court.
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Please see more
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- Consensual divorce service for foreigners with Vietnamese people
- Should you register marriage before wedding in Vietnam?
Frequently asked questions
Consensual divorce is a divorce at the request of both husband and wife when they have agreed on all matters relating to the husband and wife relationship, child custody, child support, and property division (or agree to separate claims). division of marital property into another case after divorce).
+ In case, the property relations shall be restored from the time when the Court’s decision to annul the declaration of husband and wife as dead takes effect. Property acquired by a husband or wife from the time the court’s decision on declaring husband or wife is mising takes effect until the decision to cancel the declaration of husband and wife as missing takes effect.
+ In case, the marriage is not restored, the property acquired before the Court’s decision declaring the spouse is missing takes effect but has not yet been divided, shall be settled as if the property was divided upon divorce.
When the Court issues a decision to annul the declaration of a person as missing and the spouse of that person has not yet married another person, the marital relationship shall be restored from the time of marriage.
+ In case, there is a court’s decision for divorce according to the provisions of Clause 2, Article 56 of the Law on Marriage and Family 2014 (divorce at the request of one party), the divorce decision is still valid.
+ In case, that person’s spouse is already married to another person, the marriage relationship established later shall take legal effect.
Conclusion: So the above is Cases of the termination of marriage relationship in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
