How to distinguish divorce from annulment of illegal marriage in Vietnam? What are the conditions for getting married?
How to distinguish divorce from annulment of illegal marriage in Vietnam?
The distinguishing between divorce and annulment of illegal marriage is made as follows:
Criteria | Divorce | Illegal marriage annulment |
Definition | Divorce means termination of the husband and wife relation under a court’s legally effective judgment or decision. (Clause 14, Article 3 of the 2014 Law on Marriage and Family in Vietnam) | The termination of the marriage relationship between a man and a woman who have registered their marriage at a competent state agency but one or both parties violate the marriage conditions. Illegally marriage means a man and a woman’s marriage already registered at a competent state agency in which either or both of them violate(s) the marriage conditions prescribed in Article 8 of the 2014 Law on Marriage and Family in Vietnam. (Clause 6, Article 3 of the 2014 Law on Marriage and Family in Vietnam) |
Person entitled to request | - Husband or wife or both has or have the right to request a court to settle their divorce. - A parent or another next of kin of a spouse has the right to request a court to settle a divorce when the spouse is unable to perceive and control his/her acts due to a mental disease or another disease and is concurrently a victim of domestic violence caused by his/her spouse which seriously harms his/her life, health or spirit. - A husband has no right to request a divorce when his wife is pregnant, gives birth or is nursing an under-12-month child. (Article 51 of the 2014 Law on Marriage and Family in Vietnam) | - A person who is forced or deceived into a marriage has, as prescribed by the civil procedure law, the right to request by himself/herself, or propose a person or an organization prescribed in Clause 2 Article 10 of the 2014 Law on Marriage and Family in Vietnam to request, a court to annul his/her illegal marriage due to violation of Point b, Clause 1, Article 8 of the 2014 Law on Marriage and Family in Vietnam. - The following persons, agencies and organizations have, as prescribed by the civil procedure law, the right to request a court to annul an illegal marriage due to violation of Point a, c or d, Clause 1, Article 8 of the 2014 Law on Marriage and Family in Vietnam. + The spouse of a married person who gets married to another person; parent, child, guardian or another at-law representative of a person who gets married illegally; + The state management agency in charge of families; + The state management agency in charge of children; + The women’s union. - When detecting an illegal marriage, other persons, agencies or organizations have the right to propose an agency or organization prescribed at Point b, c, or d, Clause 2 Article 10 of the 2014 Law on Marriage and Family in Vietnam to request a court to annul such marriage. (Article 10 of the 2014 Law on Marriage and Family in Vietnam) |
Legal consequences | - The marriage relation shall terminate on the date a court’s divorce judgment or decision takes legally effective. - The court that has settled a divorce shall send the legally effective divorce judgment or decision to the agency registering such marriage for recording in the civil status register; the divorced partners; and other persons, agencies and organizations as prescribed by the Civil Procedure Code and other relevant laws. (Article 57 of the 2014 Law on Marriage and Family in Vietnam) | - When an illegal marriage is annulled, the two partners of such marriage shall stop their husband and wife relation. - The rights and obligations of parents and children shall be settled according to provisions on rights and obligations of parents and children upon divorce. - Property relations, obligations and contracts between the parties shall be settled as follows: + Property relations, obligations and contracts between a man and woman cohabiting as husband and wife without marriage registration shall be settled under the partners’ agreement. In case there is no agreement, they shall be settled in accordance with the Civil Code and other relevant laws. + The settlement of property relations must ensure lawful rights and interests of women and children. Housework and other related work to maintain the cohabitation shall be regarded as income-generating labor. (Article 12 of the 2014 Law on Marriage and Family in Vietnam) |
How to distinguish divorce from annulment of illegal marriage in Vietnam? What are the conditions for getting married? (Image from the Internet)
What are the conditions for getting married?
Pursuant to Article 8 of the 2014 Law on Marriage and Family in Vietnam, the conditions for getting married are as follows:
A man and a woman wishing to marry each other must satisfy the following conditions:
- The man is full 20 years or older, the woman is full 18 years or older;
- The marriage is voluntarily decided by the man and woman;
- The man and woman do not lose the civil act capacity;
- The marriage does not fall into one of the following cases:
+ Sham marriage or sham divorce;
+ Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage;
+ A married person getting married to or cohabitating as husband and wife with another person, or an unmarried person getting married to or cohabitating as husband and wife with a married person;
+ Getting married or cohabitating as husband and wife between people of the same direct blood line; relatives within three generations; adoptive parent and adopted child; or former adoptive parent and adopted child, father-in-law and daughter-in-law, mother-in-law and son-in-law, or stepparent and stepchild;
The State shall not recognize marriage between persons of the same sex.
What are the fundamental principles of the marriage and family regime?
Pursuant to the provisions of Article 2 of the 2014 Law on Marriage and Family in Vietnam, the fundamental principles of the marriage and family regime are as follows:
- Voluntary, progressive and monogamous marriage in which husband and wife are equal.
- Marriage between Vietnamese citizens of different nationalities or religions, between religious and non-religious people, between people with beliefs and people without beliefs, and between Vietnamese citizens and foreigners shall be respected and protected by law.
- To build prosperous, progressive and happy families; family members have the obligation to respect, attend to, care for, and assist one another; to treat children without discrimination.
- The State and society and families shall protect and support children, elderly people and persons with disabilities in exercising marriage and family rights; assist mothers in properly fulfilling their lofty motherhood functions; and implement family planning.
- To perpetuate and promote the Vietnamese nation’s fine cultural traditions and ethics on marriage and family.
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