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What is the divorce law in Vietnam when the husband has an affair?

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When the marriage cannot be saved, the best option for both parties is divorce. One of the most common reasons for divorce today is adultery. So what is the divorce law when the husband has an affair? If you are also interested in this, today, LSX Lawfirm will give you an article about “What is the divorce law in Vietnam when the husband has an affair?”, as follows:

Law on marriage and family 2014
Resolution No. 01/2017/NQ-HDTP

What is adultery?

What is the divorce law in Vietnam when the husband has an affair? According to the law, there is no document that regulates the concept of adultery. However, the law uses another phrase instead: “The act of being married or living together as husband and wife with another person”.

According to the provisions in subsection 3.1, Section 3 of the Joint Circular 01/2001/TTLT-BTP-BCA-TANDTC-VKSNDTC stipulating:
“Cohabiting as husband and wife mean that a married or married person lives with another person, or an unmarried or unmarried person lives with a person he or she knows is married publicly. or not openly but living together as a family. Living together as husband and wife are often demonstrated by having common children, being considered by neighbors and the surrounding society as husband and wife, and having a common property that has been educated and maintained by families, agencies, and organizations. That relationship…”

If my husband cheats, can I have custody of the children?

According to the provisions of the Law on Marriage and Family 2014, a husband and wife can agree on who directly raises their children and the obligations and rights of each party after the divorce with respect to their children. If the spouses cannot reach an agreement, the Court shall decide to assign the child to one party to directly raise it based on the child’s interests in all aspects.

When settling disputes over child custody, the Court will rely on the age of the child and the physical and mental conditions of the parents to assign custody of the child.

Children under 36 months old shall be assigned to the adoptive mother only in case of ineligibility and other agreements, the settlement shall be considered in accordance with the child’s interests.

For children from full 36 months old to under 07 years old, the Court considers all aspects of the child’s interests and assigns them to a qualified person to raise them.

For children over 07 years old, in addition to their interests, the Court will consult more about their wishes to see who they want to live with.

Thus, the husband’s adultery is not the main basis for the Court to “deprive” the husband of child custody. However, if you can prove that your husband’s adultery involves serious moral degradation, even adultery, so you don’t have time to care for and love your children, you can ask the court to let you raise your children.

Does adultery affect property division upon divorce?

Proving the fault of one party leading to the divorce is very important in the divorce case resolution process. When dividing the common property of husband and wife, the court will base itself on the factors specified in Article 59 of the Law on Marriage and Family 2015 including the following elements: “The fault of each party in violating the rights and obligations of the spouses. couple”

According to the provisions at Point d, Clause 4, Article 7 of the Joint Circular 01/2016/TTLT-TANDTC-VKSNDTC-BTP, there are provisions:

– The fault of each party in violation of the rights and obligations of husband and wife” is the fault of a spouse who violates the personal rights and obligations of the husband and wife, leading to divorce.

In case the husband commits domestic violence, unfaithfulness, or property destruction, when settling the divorce, the court must consider the husband’s fault when dividing the husband and wife’s common property to ensure the right to divorce. lawful interests of the wife and minor children.

Divorce procedure when the husband has an affair

Performance profile

Required documents for divorce include:

Marriage registration certificate (original);
Identity card of husband and wife (certified copy);
Birth certificates of children (if they have 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).
If the marriage certificate is not kept, you can contact the civil status agency where the marriage has been registered to apply for a copy.

If the spouse’s identity card is not available, follow the instructions of the Court to submit another identity document instead.

The only difference between these two forms of divorce is in the content of the divorce petition.

  • In case of unilateral divorce, the application form for unilateral divorce shall be used together with Resolution No. 01/2017/NQ-HDTP.
  • If you agree to divorce, you will use the Consent Divorce Application Form.

Order of divorce

For unilateral divorce

Step 1: Accept the divorce petition (suit petition). The spouse who wants to get a unilateral divorce must prepare all documents, papers, documents, and shreds of evidence on domestic violence acts (if any) of the other person to submit to the competent court (if any). Mentioned above).

Step 2: Mediation. After receiving the unilateral divorce petition, the Court will consider whether to accept and accept the divorce case. If it is found that there are grounds to consider the divorce petition unilaterally, request the applicant to pay the court fee in advance and conduct conciliation.

If the conciliation is successful, the court shall issue a decision to recognize the successful conciliation; otherwise, the court shall bring the case to trial.

Step 3: Open the first instance court. After the trial, the Court will issue a judgment to terminate the marriage relationship between husband and wife.

For an amicable divorce

Step 1: Accept the application. Husband and wife prepare the above documents and submit them to the competent Court.

Step 2: Prepare to consider the petition and open a public meeting to resolve the request for recognition of the consent for divorce. During this period, the Court will consider the consent divorce petition, the grounds for terminating the marital relationship, and issue a notice to pay the advance fee.

After the husband and wife pay the fee in advance, the Court will open a public meeting to settle the request for recognition of the consent of the divorce then.

Step 3: Make a decision to recognize the consensual divorce. After conciliation is unsuccessful, the Court will issue a decision to recognize the divorce. On the contrary, if the conciliation is successful, the Court will suspend the settlement of the civil matter.

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Related article

What is divorce?

According to Clause 14, Article 3 of the Law on Marriage and Family 2014, it is clear that: Divorce is the termination of the husband and wife relationship according to a legally effective judgment or decision of the Court.
– If both spouses agree to divorce and agree to settle all matters of the husband and wife relationship upon divorce, the Court shall recognize the judgment in the form of a decision. If husband and wife have conflicts or disputes, the Court shall issue a judgment in the form of a divorce judgment then.

How much is the court fee for a divorce?

According to Resolution 326/2016/NQ-UBTVQH14, the specific court fees for divorce are as follows:
– Firstly, the Court fee for a divorce case without dispute over property is 300,000 VND;
– Secondly, For cases with disputes over property, in addition to the court fee of 300,000 VND, the involved parties must also bear the court fee for the part of the disputed property, which is determined according to the value of the disputed property.

How long does it take to get a divorce?

Accordingly, to the provisions of the Civil Procedure Code, the settlement time for a consent divorce case lasts about 02 – 03 months, from the date the Court accepts the application. In the case of unilateral divorce, the settlement time is longer, possibly from 4 to 6 months. In fact, because disputes over child custody and property rights may arise, the settlement time may take longer.

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