Procedure for divorce when the wife is pregnant in Vietnam. Is it forbidden for the pregnant wife to ask for a divorce in Vietnam? Let us learn about this topic with LSX law firm as follow:
It is not forbidden for the pregnant wife to ask for a divorce in Vietnam
According to Clause 14, Article 3 of the Law on Marriage and Family (Family & Family) 2014; Divorce is the termination of the husband and wife relationship; according to a judgment (unilateral divorce) or a legally effective decision of the Court (consent to divorce).
Quick divorce procedure without mediation in Vietnam. Accordingly, in addition to terminating the husband and wife relationship; if they divorce, the two also request or agree on other issues such as division of common property, custody of children, alimony, etc.
However, to protect the legitimate rights of women and children, Article 51 of the Law on Marriage and Family affirms:
A husband has no right to request a divorce in case his wife is pregnant; giving birth or raising a child under 12 months old
If in one of the three cases mentioned above, the wife is pregnant; the wife has given birth to a child or is raising a child under 12 months of age, the husband is not entitled to request a divorce.
This means that the Law only prohibits the husband from getting a divorce while the wife is pregnant; but does not prohibit the opposite. Therefore, the wife has the right to request a divorce while pregnant.
However, when unilaterally requesting a divorce, the Court will resolve the divorce if there are grounds mentioned in Article 56 of the Law:
– Husband commits domestic violence;
– The husband seriously violates the rights and obligations of the wife and husband; making it impossible to continue to maintain the marital relationship.
Thus, when the wife is pregnant, the husband is; not allowed to request a divorce; but in the case where the two divorces agree or the wife requests a unilateral divorce, it is not prohibited by law.
Procedure for divorce when the wife is pregnant in Vietnam
According to the above analysis, when a wife is pregnant, she can still request a divorce in two cases:
– Consent to divorce;
– Wife unilaterally asked for divorce.
Accordingly, the procedures in the two cases mentioned above are specifically implemented as follows:
* Procedure for Consensual divorce when the wife is pregnant in Vietnam
Step 1: Prepare documents required for divorce in Vietnam:
– An application for an amicable divorce;
– Marriage registration certificate (original);
– Identity card of husband and wife (certified copy);
– Birth certificates of the children (if there are children in common, a certified copy);
– Family registration book (certified copy);
– Papers proving ownership of common property (if there is a common property, a certified copy).
Step 2: Submit your application
Dossiers shall be; sent by post or directly submitted to the district-level People’s Courts of the places where the spouses or husbands reside (the couple may agree to the Court to file the dossiers).
Step 3: Pay advance fee and the Court will consider accepting the divorce petition.
Step 4: The court prepares to consider the petition and open a public meeting to deal with the request for recognition of the consent to divorce. At this time, the Court will conduct mediation.
Step 5: Make a decision
– If the conciliation is successful and the husband and wife reunite; the court shall terminate the settlement of the divorce request;
– If the conciliation fails, the Court shall issue a decision to recognize the consent of the divorce.
* Procedure when wife unilaterally asked for divorce in Vietnam
In order to get a divorce unilaterally resolved by the Court; in addition to the papers in the case of an uncontested divorce, the wife needs to prepare:
– An application for divorce (according to the form in the case of unilateral);
Papers and documents proving the unilateral divorce request: The husband commits domestic violence, fails to fulfill his obligations to the family…
Unlike a divorce by mutual consent, in this case the competent court is the court where the husband resides and works (Article 39 of the 2015 Civil Procedure Code).
In the case of a unilateral divorce, the Court still conducts mediation. If the conciliation is successful, the Court will recognize the agreement of the parties. If conciliation fails, the Court will bring the case to trial and the results are; stated in the judgment.
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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.
Conclusion: So the above is Procedure for divorce when the wife is pregnant in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
