The cases spouse can not unilaterally divorce in Vietnam

by DungTran

The cases spouse can not unilaterally divorce in Vietnam. Reasons for spouse can not unilaterally divorce in Vietnam. Let us learn about this topic with LSX law firm as follow:

The cases spouse can not unilaterally divorce in Vietnam

Distinguish between consensual divorce and unilateral divorce in Vietnam. Regarding the legal basis as prescribed in Clause 3, Article 51, Clause 1; Article 56 of the Law on Marriage and Family 2014 related to cases where unilateral divorce is; not allowed, as follows:

“Article 51. Right to request divorce settlement

3. Husband has no right to request divorce in case his wife is pregnant, giving birth or raising a child under 12 months old.

Article 56. Divorce at the request of one party

When a spouse requests a divorce but the conciliation at the Court fails; the Court shall grant divorce if there are grounds for the fact that the husband or wife commits acts of domestic violence; or seriously violate the rights and obligations of husband and wife; causing the marriage to fall into a serious state, the common life cannot be prolonged, the purpose of the marriage cannot be; achieved.”

Thus, the Court does not resolve the divorce at the request of the husband or in other words, the husband does not have the right to divorce in any of the following cases in the following cases:

Firstly, The wife is pregnant

Secondly, The wife is in the process of giving birth

Thirdly, The wife is raising a child under 12 months old

In addition, the law also stipulates that one party requests a divorce; but there is no evidence or evidence to serve as a basis for divorce, for example: photograph, evidence of sequelae of domestic violence, proof of husband adultery; evidence that the other party is addicted to drugs, etc., the conditions for a unilateral divorce are; not guaranteed and the Court does not accept the request for divorce settlement. Unilateral divorce and child custody settlement agency in Vietnam.

Reasons for spouse can not unilateral divorce in Vietnam

Firstly, the wife in stages such as: being pregnant, giving birth, nursing a child under 12 months old is often psychologically sensitive, unstable, etc., and often they are not healthy enough. , time as well as spirit to carry out the divorce proceedings because pregnancy and child rearing is a rather strenuous and laborious process.

Not to mention, when carrying out the divorce procedures, especially in divorce cases and cases, the couple will have to go to the Court many times to resolve the divorce. Therefore, the husband does not have the right to divorce in this case.

Secondly, as mentioned above, the wife in stages such as: being pregnant, giving birth, and raising a child under 12 months old is often psychologically sensitive, unstable, and physically weak. What they need most right now is the attention and care, and the person they need the most is none other than the husband.

If the husband makes the decision to divorce at this time, it can cause a severe shock to the wife, seriously affecting the health and life of the wife. Therefore, it is necessary to limit the husband’s right to divorce during this “sensitive” time.

Third, the purpose of legislators can be; seen when introducing a law to limit the husband’s right to request a divorce; in order to protect women’s rights such as the rights of young children to be; cared for and supported, because women in this period have to shoulder a rather large responsibility.

Fourth, under Clause 1 of Article 56 when either party cannot prove it; or without grounds for domestic violence by spouses, for serious violations of the spouse’s rights and obligations, thereby causing the marriage to fall into a serious state that cannot achieve its goals of marriage cannot be resolved unilaterally.

How much is the unilaterally divorce court fee in Vietnam?

According to the law, usually the divorce court fee will be 300,000 VND

However, in case the divorce case is complicated, it takes a long time for the judge to settle disputes related to property, the divorce settlement fee will be higher depending on the value of the property.

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