What is a fake divorce? What are the consequences of fake divorce? Divorce is when a husband and wife voluntarily terminate their marriage relationship; according to a judgment or decision of the law. However, at present, there are many fake divorces to avoid responsibility and obligations. So what is a fake divorce? Let us learn about this topic with LSX law firm as follow:
What is a fake divorce?
Divorce is the termination of the husband and wife relationship; according to a legally effective judgment or decision of a court.
Accordingly, when husband and wife either agree to divorce ; or one of the two parties requests the Court to resolve the divorce when married life is not happy (unilateral divorce); if receiving If the judgment or decision takes legal effect, the marriage relationship will completely terminate. How long is the process of consensual divorce with Vietnamese?
However, if the purpose of the divorce is not due to the desire to terminate the marital relationship; or because the marriage has fallen into “a serious situation; cohabitation cannot last, the purpose of marriage cannot be achieved”, then this can be considered a fake divorce.
A fake divorce is in Clause 15, Article 3 of the Law on Marriage and Family as follows:
15. A fake divorce means taking advantage of a divorce to evade property obligations; violate policies and laws on population, or to achieve other purposes without terminating the marriage.
Thus, if anyone takes advantage of the divorce, not to terminate the marriage relationship between husband and wife; but to avoid property obligations, violate civil policies and laws; or to achieve other purposes, are; considered fake divorces.
However, it is worth mentioning that in reality; it will be very difficult to determine whether the divorce is fake or not. Because although the divorce purpose may be fake; but when there is a judgment or decision of the Court on the divorce has taken effect, the marriage relationship between husband and wife will also end.
In particular, if two people who used to be husband and wife; have had a divorce judgment or decision, but want to live together, they must carry out the marriage registration procedure.
Fake divorce but the consequences are real?
Pursuant to Point a, Clause 2, Article 5 of the Law on Marriage and Family; sham divorce is one of the prohibited acts in marriage and family relations.
Accordingly, if anyone violates, they will be fined according to Point dd Clause 2 Article 59 of Decree No. 82/2020/ND-CP with a fine of 10-20 million VND:
Taking advantage of the divorce to evade property obligations; violate policies and laws on population or to achieve other purposes without the purpose of terminating the marriage.
At the same time, the violator is also forced to pay back the illegal profits obtained from committing the above-mentioned violations.
The authority to make records of administrative violations in this case belongs to:
– Commune-level judicial and civil status civil servants (Clause 2, Article 82 of Decree 82/2020).
– Civil servants of the district-level Justice Department (Clause 3, Article 82 of Decree 82/2020).
– Head of the specialized inspection team of the Ministry of Justice; (according to Point b, Clause 2, Article 88 of Decree 82/2020).
– Director of the Department of Civil Status; Nationality and Authentication (according to Point dd, Clause 2, Article 88 of Decree 82/2020).
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Related questions
When settling a divorce, if there is a request to declare that the agreement on the husband and wife’s property regime is invalid. The Court shall consider and settle it at the same time with the request for division of the husband’s property upon divorce.
In case a husband and wife have property rights and obligations towards a third party that they request to settle, the court must settle them when dividing the husband and wife’s common property.
Where husband and wife have obligations to a third party but the third party does not request settlement, the Court shall guide them to settle another case.
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