What is a divorce? What is the common cause of divorce in Vietnam? Is it necessary to separate before the divorce? Let us learn about this topic with LSX law firm as follow:
What is a divorce in Vietnam? Is it necessary to separate before the divorce?
The definition of divorce is provided in Clause 14, Article 3 of the Law on Marriage and Family as follows:
Divorce is the termination of the husband and wife relationship; according to a legally effective judgment or decision of a court. How long does it take to resolve a divorce in Vietnam?
Accordingly, it can be understood that when there is a legally effective divorce judgment; or decision of the Court, the husband and wife relationship will end. This is also the regulation on the time of marriage termination mentioned in Clause 1; Article 57 of the Law on Marriage and Family:
The marriage relationship terminates from the date on which the court’s divorce judgment or decision takes legal effect.
It can be seen that, only when the husband and wife request a divorce, the Court considers it; If the divorce judgment or decision is settled through a legally effective divorce judgment or decision; the husband and wife relationship will also terminate at the time the divorce judgment or decision takes effect.
Currently, there are many notions that; The husband and wife relationship ended at the time when the husband and wife decided to separate because then; the husband and wife relationship ended, and the two people completely ended the husband and wife relationship.
However, the law does not provide that separation is the termination of the marriage relationship. Not only that, there are currently no provisions on separation or the requirement to separate before divorce.
Can divorce in any form in Vietnam?
According to the above definition of divorce; it can be seen that the result of a divorce consists of one of two types of documents: a divorce decision; and a legally effective divorce judgment.
In particular, according to the 2015 Civil Procedure Code; a decision is a result when the Court settles a civil case, and the judgment is the result when the Court settles a civil case.
At the same time, according to Articles 55 and 56 of the Law on Marriage and Family; there are two types of divorce including consent divorce and unilateral divorce.
What is the common cause of divorce in Vietnam?
In fact, there are many reasons leading to divorce between couples today in Vietnam. However, there are 2 of the following reasons; that are common among couples in Vietnam and are also easily accepted and resolved by the Court:
Divorce due to adultery
Adultery is now like a “problem” between couples and husbands. And this is often the direct cause of divorce between husband and wife.
In terms of emotions, men and women get married to build a family with the person they love; but when one of them has an affair, it completely breaks the relationship between the two.
In terms of law, adultery is an act that violates the rights; and obligations of love and fidelity of husband and wife relationship specified in Clause 1; Article 19 of the Law on Marriage and Family. This is also one of the prohibited acts at Point c, Clause 2, Article 5 of the Law on Marriage and Family. Documents required for divorce in Vietnam.
Therefore, adultery is not only a reason for the Court to resolve divorce for husband and wife; but the adulterer may also be at a disadvantage in dividing the common property between husband and wife, gaining custody of children.
Even, depending on the severity of the behavior; the adulterer can be fined up to 5 million VND or imprisoned for up to 3 years.
Divorce due to domestic violence
In addition to adultery, domestic violence is one of the reasons why many couples are most likely to divorce, but often unilaterally divorce. According to Article 2 of the Law on Domestic Violence Prevention and Control 2007, domestic violence usually includes:
– Torture, mistreat, beat, intentionally infringe on the health and life of husband and wife.
– Insults, intentionally insulting the honor and dignity of husband and wife…
This is also one of the main reasons leading to the serious situation of husband and wife; according to point a.1 clause a Article 8 of Resolution No. 02 of 2000.
At the same time, Clause 1, Article 56 of the Law on Marriage and Family; regarding a unilateral divorce, if a spouse commits domestic violence, causing the marriage to fall into a serious state; the common life cannot last… then a Either party can request a divorce when the mediation fails.
Persons committing acts of domestic violence may also be fined up to 1.5 million dong or imprisoned for up to 5 years or have to pay compensation for damage if damage occurs.
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Related questions
In principle, the common property of husband and wife upon divorce will be divided according to agreement. If there is no agreement, the division will be divided into two, but the Court will base on the following factors:
– Family situation, wife and husband.
– The contribution of husband and wife to create that common property.
– Protecting the legitimate interests of husband and wife in business and labor.
– Errors and violations of the rights and obligations of husband and wife of each person
Clause 1, Article 60 of the Law on Marriage and Family 2014 states:
Property rights and obligations of husband and wife towards the third party remain effective after the divorce, unless otherwise agreed upon by the husband and wife and the third party.
Accordingly, when a husband and wife divorce without another agreement with the lender, both of them must jointly pay the common debt during the marriage period; When the loan is to meet the family’s essential needs or has the authorization of the other person…
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