Submitting a Divorce Petition to the Court in Vietnam - Is it Considered Being Divorced? Is Having a Romantic Relationship with Another Person Before Divorce be Fined?
Filing for Divorce in Court in Vietnam: Does it Mean You Are Already Divorced?
Based on the provisions of Clause 14 Article 3 Law on Marriage and Family 2014, it is stipulated as follows:
Divorce is the termination of the marital relationship according to a legally effective judgment or decision of the Court.
The marital relationship only terminates when there is a judgment or decision of the Court that has taken effect. Therefore, filing for divorce in Court is not considered a divorce.
Filing for Divorce in Court: Does it Mean You Are Already Divorced? While processing the divorce application, is it permissible to have a romantic relationship with another person?
During the Divorce Process: Is it Permissible to Have a Romantic Relationship with Another Person?
As analyzed above, according to Clause 14 Article 3 Law on Marriage and Family 2014, the marital relationship only terminates when a legally effective judgment or decision from the Court is issued.
Accordingly, based on Article 5 Law on Marriage and Family 2014, which provides for the protection of marriage and family policies, it is stipulated as follows:
Protection of Marriage and Family Policies
1. Marital and family relationships established and executed according to the provisions of this Law are respected and protected by law.
2. The following acts are prohibited:
a) Fictitious marriages, fictitious divorces;
b) Child marriage, forced marriage, fraudulent marriage, obstruction of marriage;
c) A person who is married marries or lives with another person as husband and wife, or a person who is not married marries or lives with a person he/she knows to be married;
d) Marrying or living as husband and wife between persons in direct blood relation, in the third degree of kinship, between adoptive parents and adopted children, between persons who were once adoptive parents and adopted children, between a father-in-law and a daughter-in-law, a mother-in-law and a son-in-law, a stepfather and a stepdaughter, a stepmother and a stepson;
dd) Demanding property in marriage;
e) Coerced divorce, fraudulent divorce, obstruction of divorce;
g) Using reproductive technology for commercial purposes, surrogacy for commercial purposes, choosing the sex of the fetus, cloning;
h) Domestic violence;
i) Abusing marital and family rights to engage in human trafficking, labor exploitation, sexual exploitation, or any other acts for the purpose of profiteering.
3. All violations of marital and family law must be strictly handled according to the law.
Agencies, organizations, and individuals have the right to request the Court or other competent authorities to promptly prevent and handle persons who violate marital and family laws.
4. The honor, dignity, reputation, private secrets, and other privacy rights of the parties are respected and protected during the resolution of marital and family matters.
Therefore, having a romantic relationship with another person before divorce is prohibited conduct.
Vietnam: Is Having a Romantic Relationship with Another Person Before Divorce be Fined?
Based on Clause 1 Article 59 Decree 82/2020/ND-CP, it is stipulated as follows:
Acts of Violating Provisions on Marriage, Divorce, and Breach of Monogamy Policy
1. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for one of the following acts:
a) Marrying another person while having a spouse, or marrying a person one knows to be married;
b) Having a spouse but living as husband and wife with another person;
c) Not having a spouse but living as husband and wife with a person one knows to be married;
d) Marrying or living as husband and wife with persons who were once adoptive parents and adopted children, father-in-law and daughter-in-law, mother-in-law and son-in-law, stepfather and stepdaughter, stepmother and stepson;
đ) Obstructing marriage, demanding property in marriage, or obstructing divorce.
Hence, having an affair with another person before divorce can result in administrative fines ranging from VND 3,000,000 to VND 5,000,000.
Who Has the Right to Request Divorce Resolution?
Based on Article 51 Law on Marriage and Family 2014, it is stipulated as follows:
Right to Request Divorce Resolution
1. Either spouse or both have the right to request the Court to settle a divorce.
2. Parents, other relatives have the right to request the Court to settle a divorce if one spouse is mentally ill or suffers from other diseases and cannot perceive or control his/her acts, and is a victim of domestic violence caused by his/her spouse, seriously affecting his/her life, health, and spirit.
3. A husband has no right to request a divorce in cases where the wife is pregnant, gives birth, or is nursing a child under 12 months old.
According to the above provisions, the persons entitled to request divorce settlement include:
- Either spouse or both spouses- Parents, other relatives have the right to request the Court to settle a divorce if one spouse is mentally ill or suffers from other diseases and cannot perceive or control his/her acts, and is a victim of domestic violence caused by his/her spouse, seriously affecting his/her life, health, and spirit.
LawNet