The principle of voluntary and progressive marriage according to the provisions of Vietnamese law
The law on marriage and family is one of the most widely applied legal documents because the field covers most of the issues of social life. However, marriage and family is also a difficult area to solve because it is a civil relationship, besides applying legal provisions, to solve this problem, it is necessary to have an equitable recognition of justice. justice, social ethics of Judges. One of the principles of marriage and family law is voluntary, progressive, monogamous, and equal marriage; regardless of religion or belief, between Vietnamese or foreigners. So how is the principle of voluntary and progressive marriage regulated? Today, LSX Lawfirm will give you an article about “The principle of voluntary and progressive marriage according to the provisions of Vietnamese law“, as follows:
Legal grounds
Law on Marriage and Family 2014
The principle of voluntary and progressive marriage is reflected in the following provisions:
Prohibited acts
So to protect the marriage and family regime, Clause 2, Article 5 of the Law on Marriage and Family 2014 provides:
“2. The following acts are prohibited:
a) Firstly, Fake marriage, fake divorce;
b) Secondly, Child marriage, forced marriage, cheating on marriage, obstructing marriage;
c) Thirdly, A married person gets married or lives together as husband and wife with another person, or is unmarried or unmarried but marries our lives as husband and wife with a married person;
d) Finally, Marrying or living together as husband and wife between people of the same direct bloodline; among people with surnames within three generations; between adoptive parents and adopted children; between a person who was once a father, an adoptive mother with an adopted child, a father-in-law with a daughter-in-law, a mother-in-law with a son-in-law, a stepfather and a stepchild with a wife, a stepmother with a stepchild;…”
Guaranteed freedom of divorce
Voluntary, progressive marriage must also guarantee freedom of divorce. If you can’t force people to get married, you can’t force them to continue living a married life, when that life is a complete lie and family happiness cannot be repaired. Of course, hesitant divorce does not mean arbitrary divorce. Divorce must be under state control.
Grounds for divorce are circumstances (conditions) prescribed in law and only when such circumstances (conditions) exist, the Court can grant a divorce.
Agreed divorce
The principle of voluntary, progressive marriage shown specifically when one of the spouses or both wants a divorce. They freely express there will not want to continue maintaining their current marital relationship without being controlled, prevented, or influenced by anyone. The law stipulates that the grounds for divorce at the request of one party include:
“Article 55. Consent to divorce In the case where husband and wife jointly request a divorce, if it is deem that the two parties really voluntarily divorce and have agreed on the division of property, the custody, rearing, care, and education of the children on a guaranteed basis. legitimate interests of the wife and children, the Court shall recognize the consent of the divorce; If an agreement cannot reach or an agreement reached but the legitimate interests of the wife and children not guaranteed, the Court shall settle the divorce.”
Thus, if both parties agree and voluntarily divorce, the divorce settlement is quite simple and quick.
Divorce at the request of one party (Unilateral divorce)
Accordingly to “Article 56. Divorce at the request of one party”
1. When a spouse requests a divorce but conciliation at the Court is unsuccessful, the Court shall grant the divorce if there are grounds for the fact that the husband or wife has committed acts of domestic violence or seriously violated their rights and obligations. The service of husband and wife causes the marriage to fall into a serious condition, the common life cannot prolonged, the purpose of the marriage cannot achieved.
2. In case the spouse of the person declared missing by the Court; requests a divorce, the Court shall grant the divorce.
3. In the case of a request for divorce as prescribed in Clause 2, Article 51 of this Law; the court shall grant the divorce if there are grounds for the fact that the husband or wife commits acts of domestic violence that seriously affect them. to the life, health, and spirit of the other.
It is considered a serious situation of husband and wife; when: Husband and wife do not love, respect, care for, and help each other like someone who only knows his or her duties, leaving the wife or husband to live as they want; living life, have reminded by their relatives or agencies, organizations, and reconciled many times. Spouses always have abusive behavior, torture each other; such as frequent beatings, or other behaviors. offending each other’s honor, dignity and reputation, have reminded and reconciled many times by their relatives or by agencies, organizations, or unions.
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Related questions
Article 182 of the 2015 Penal Code for violations of the monogamy regime is as follows:
1. A person who is married or has a husband but marries our lives as husband and wife with another person, or a person who is unmarried or unmarried but marries our lives as husband and wife with someone he or she knows is married, has a wife in one of the following cases; shall be subject to a warning; non-custodial reform for up to 1 year; or imprisonment from 3 months to 1 year:
a) Causing the marriage relationship of one or both parties to lead to divorce;…
Pursuant to Clause 5, Article 3 of the Law on Marriage and Family 2014, marriage is a legal event giving rise to a marital relationship. When getting married, the male and female parties must fully comply with the marriage conditions prescribed by the domestic union and have to register their marriage at a competent marriage registration agency in order for the marriage to be recognized as legal. ; and between the parties, a husband and wife relationship arises before the law.
According to current regulations, marriage is only recognized between men; and females if two people fully meet the conditions for marriage; and implemented at the competent authority. Clause 2, Article 8 of the Law on Marriage and Family stipulates: “The State does not recognize marriage between people of the same sex”.
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