Is it possible to get a unilateral divorce while pregnant? How is the unilateral divorce procedure during pregnancy conducted? Let us learn about this topic with LSX law firm as follow:
How is a unilateral divorce understood?
Divorce is the termination of the husband and wife relationship according to a legally effective judgment of a court.
According to the provisions of the Law on Marriage and Family 2014: Unilateral divorce is a divorce case at the request of one spouse who wants to get a divorce; if there are grounds that the husband or wife commits acts of domestic violence; or seriously violates the rights and obligations of husband and wife; causing the marriage to fall into serious condition, the common life cannot be; prolonged, of unattainable marriage.
Thus, Unilateral divorce is essentially a civil case; resolving disputes related to all or one of the following issues: marital relationship, child custody, alimony; division of common property, dissolution general debt settlement…. Unilateral divorce ends with a valid judgment of the Court.
Is it possible to get a unilateral divorce while pregnant?
As mentioned above, both spouses have the right to divorce when the marriage is in a serious state; cohabitation cannot last and the purpose of marriage is; not achieved, the spouse can file a petition. the court to deal with his unilateral divorce. Difficulty in carrying out unilateral divorce procedures in Vietnam. However, in order to protect the legitimate rights of women and children; Article 51 of the Law on Marriage and Family 2014 provides as follows:
“The husband has no right to request a divorce in case the wife is pregnant; giving birth or raising a child under 12 months old”.
Thus, based on the above provisions, it can be; seen that a husband cannot unilaterally divorce while pregnant, pregnant or nursing a child under 12 months old.
However, this law means that the Law when necessary, the husband cannot divorce while his wife is pregnant; but does not prohibit the opposite case that the wife wants to get a unilateral divorce while pregnant with her husband when there are grounds to prove that the husband has committed domestic violence; or seriously violated the rights and obligations of the husband and wife. For marriage to fall into a serious condition, cohabitation cannot last, the purpose of marriage is; not achieved. From here, it can be; affirmed that the wife has the right to unilaterally divorce while pregnant; or raising a child under 12 months old without the husband’s consent; or not prohibited by law as in the case of a husband’s unilateral divorce from his pregnant wife.
How is the unilateral divorce procedure during pregnancy conducted?
Procedure for divorce when the wife is pregnant in Vietnam. As mentioned above, the wife has the right to unilaterally divorce while pregnant. Accordingly, the unilateral divorce procedure during pregnancy is conducted as follows:
Step 1: Prepare and submit documents: The pregnant wife must prepare a unilateral divorce document. In addition, if there is evidence to prove that the husband has committed domestic violence; failed to perform his obligations, etc., it must also be provided to the Court.
Step 2: Submit the application file for unilateral divorce at the competent authority.
Step 3: Receive, review the file and accept the case:
After receiving the petition from the plaintiff, the Court must consider whether to accept the application or not after 05 working days.
Step 4: Participate in the handover session; access documents and evidence
Step 5: Conduct conciliation:
Step 6: Open a trial for unilateral divorce: Within 01 month from the date of issuance of the decision to bring the case to trial; The parties are summoned by the Court and are; clearly informed of the time and place to open the Court hearing for the unilateral divorce.
Step 7: Issue a unilateral divorce judgment
If the conciliation is not successful and it is; deemed that there are sufficient conditions for divorce settlement, at the end of the trial, the Court will issue a judgment to terminate the marriage relationship of the couple.
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Related questions
Unless the mother is not qualified to directly nurture, look after, care for and educate, she will give it to the father or another person according to regulations. And those who do not directly take care of them will be responsible for child support.
In the case of a unilateral divorce, the person who requests for a unilateral divorce must send an application to the Court where the defendant resides and works. If the place of residence is different, the couple can agree to go to the Court of the place of residence of the wife or husband to carry out the procedure.
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