Judgment No. 81/2017/HNGD-ST dated 18/08/2017 on divorce and dispute over child custody and marital property division

PEOPLE’S COURT OF HAI PHONG CITY

JUDGMENT NO. 81/2017/HNGD-ST DATED 18/08/2017 ON DIVORCE AND DISPUTE OVER CHILD CUSTODY AND MARITAL PROPERTY DIVISION 

On August 18, 2017, at the office of the People’s Court of Hai Phong, a public trial is conducted to hear the Case No. 100/2017/TLST-HNGD dated August 03, 2017 on divorce and dispute over child custody and marital property division under the Decision to Bring the Case to Trial No. 1345/2017/QDXXST-HNGD dated August 10, 2017 between the following litigants:

- Plaintiff: Mrs. Nguyen Thi K, born in 1972, place of residence: R 108, B, Slovakia. Absent with request for trial in absentia.

- Defendant: Mr. Nguyen Ngoc T, born in 1976, place of residence: R 108, B, Slovakia; temporary place of residence: No. 11 36 T street, L district, Hai Phong. Present.

THE CASE

According to the petition for divorce and request from the plaintiff, Mrs. Nguyen Thi K:

Mrs. Nguyen Thi K and Mr. Nguyen Ngoc T got married on a voluntary basis, had a wedding and carried out procedures for marriage registration on 10/5/1995 at the office of the People’s Committee of Tran Nguyen Han ward, Le Chan district, Hai Phong. After getting married, at first, they lived together happily. In 2006, Mr. T went to live and work in Slovakia. In 2009, Mr. T sponsored Mrs. K to immigrate to Slovakia for family reunion. However, conflicts arose as they lived together abroad, mainly due to differences in their viewpoints and lifestyles. Both of them sought to remedy the situation multiple times but to no avail, so they have lived separately since 2015. Finding that they no longer have affection for each other and do not wish to reunite, Mrs. K files a petition for divorce from Mr. T.

Regarding children: they have 03 children together, including:

- Nguyen Ngoc B, born on 19/9/1995, has reached adulthood, thus not requiring the Court’s judgment.

- Nguyen Anh M, born on 26/01/2002, and Nguyen Thi Minh A, born on 25/8/2004, both parties agreed to give Mrs. K custody of Nguyen Anh M and Nguyen Thi Minh A and discuss child support by themselves, not requiring the Court’s judgment.

Regarding marital property: both parties discuss this matter by themselves and do not request judgment from the Court.

According to the petition for divorce and testimonies from the defendant, Mr. Nguyen Ngoc T, information on marriage duration, married life, children and marital property provided by Mr. T is consistent with the information from Mrs. K. Mr. T also concurs with requesting the Court to grant him divorce from Mrs. K.

At the trial, Mr. T is present and upholds the request for divorce from Mrs. K. Mrs. K is absent with request for trial in absentia.

JUDGMENT OF THE COURT

Based on the documents in the case file inspected at the trial and result of the debate at the trial, the Trial Panel finds that:

 [1] Regarding legal relation: Mrs. Nguyen Thi K and Mr. Nguyen Ngoc T got married on a voluntary basis, had a wedding and carried out procedures for marriage registration on 10/5/1995 at the office of the People’s Committee of Tran Nguyen Han ward, Le Chan district, Hai Phong. As per the law, this is a lawful marital relationship. Mrs. K and Mr. T both submitted a petition for divorce to the People’s Court of Hai Phong thus, according to Clause 3 Article 35; Point c Clause 1 Article 37 and Clause 1 Article 39 of the 2015 the Civil Procedure Code in Viet Nam, the People’s Court of Hai Phong has jurisdiction over the case.

Mrs. K is absent at the trial but has submitted a request for trial in absentia. According to Clause 1 Article 228 of the 2015 Civil Procedure Code, the Trial Panel hears the case in Mrs.K’s absence.

 [2] Regarding marital relationship:  after getting married, Mrs. K and Mr. T lived together happily. In 2006, Mr. T went to live and work in Slovakia. In 2009, Mr. T sponsored Mrs. K to immigrate to Slovakia for family reunion. However, conflicts arose as they lived together abroad, mainly due to differences in their viewpoints and lifestyles. Both of them sought to remedy the situation multiple times but to no avail, so they have lived separately since 2015. Considering that they no longer have affection for each other and do not wish to reunite, it is entirely legitimate for both Mr. T and Mrs. K to file a petition for divorce.

Considering that Mr. T and Mrs. K no longer have affection for each other, do not wish to live together and fail to achieve marriage objectives, and that they both file a petition for divorce on a voluntary basis and not against the law or social morality, the petition for divorce filed by Mrs. K and Mr. T shall be granted in accordance with Clause 1 Article 56 of the Law on Marriage and Family in Viet Nam.

Regarding children: they have 03 children together, including:

- Nguyen Ngoc B, born on 19/9/1995, has reached adulthood and does not request the Court’s judgment, thus the Trial Panel does not consider this matter.

- Nguyen Anh M, born on 26/01/2002, and Nguyen Thi Minh A, born on 25/8/2004, both parties agreed to give Mrs. K custody of Nguyen Anh M and Nguyen Thi Minh A and discuss child support by themselves, not requiring the Court’s judgment.

Considering that Mr. T and Mrs. K have reached an agreement on a voluntary basis and not against regulations of law, the agreement concerning their children shall be accepted in accordance with Articles 81 and 82 of the Law on Marriage and Family.

Regarding marital property: both parties discuss marital property by themselves and do not request the Court’s judgment, thus the Trial Panel does not consider this matter.

[3] Regarding first-instance civil court fee: Mrs. K, the plaintiff, shall incur the first-instance divorce court fee as prescribed by law.

[4] Regarding right to appeal against judgment: Mrs. K and Mr. T have the right to appeal against the judgment as prescribed by law.

Based on the abovementioned facts and matters,

DECISION

Applying Clause 1 Article 56, Article 81 and Article 82 of the Law on Marriage and Family; pursuant to Clause 3 Article 35, Point c Clause 1 Article 37; Clause 1 Article 39; Clause 4 Article 147, Clause 2 Article 207, Clause 1 Article 227, Clause 1 Article 228, Article 273; and Article 479 of the 2015 Civil Procedure Code;

Pursuant to the Resolution No. 326/2016/UBTVQH14 in Viet Nam dated 30/12/2016 by the Standing Committee of the National Assembly on rates, exemption, reduction, collection, payment, management and use of Court fees and charges.

Judge that:

1. Regarding marital relationship: Mrs. Nguyen Thi K is granted divorce from Mr. Nguyen Ngoc T.

2. Regarding children:

Mrs. Nguyen Thi K is granted custody of Nguyen Anh M, born on 26/01/2002, and Nguyen Thi Minh A, born on 25/8/2004, until they reach adulthood or there is another change.

Both parties discuss child support by themselves and do not request the Court’s judgment, thus the Trial Panel does not consider this matter.

No person may prevent the exercise of the rights to visit and care for the children of this marriage.

Nguyen Ngoc B, born on 19/9/1995, has reached adulthood and does not request the Court’s judgment, thus the Trial Panel does not consider this matter.

3. Regarding marital property: both parties discuss marital property by themselves and do not request the Court’s judgment, thus the Trial Panel does not consider this matter.

4. Regarding first-instance civil court fee: Mrs. K shall incur VND 300.000 (three hundred thousand dong) of first-instance divorce court fee, which may be deducted from the first-instance civil court fee of VND 300.000 (three hundred thousand dong) paid in advance per receipt No. 0003868 dated August 02, 2017 by Hai Phong Civil Enforcement Agency. Mrs. K has fully paid this fee.

5. Regarding right to appeal:

- Mr. Nguyen Ngoc T has the right to appeal against the judgment within 15 days from the date of pronouncement.

- Mrs. Nguyen Thi K has the right to appeal against the judgment within 01 month from the date on which this judgment is served./