2. Judgment
  3. Compilation of 30 appellate court judgments on family law regarding non-recognition of marital relationships in Vietnam
23/10/2024 10:11

Compilation of 30 appellate court judgments on family law regarding non-recognition of marital relationships in Vietnam

Compilation of 30 appellate court judgments on family law regarding non-recognition of marital relationships in Vietnam

How to resolve the consequences of men and women living together as husband and wife without marriage registration in Vietnam? What are some appellate court judgments on family law regarding non-recognition of marital relationships in Vietnam

1. How to resolve the consequences of men and women living together as husband and wife without marriage registration in Vietnam?​

According to Article 14 of the Law on Marriage and Family 2014, the resolution of the consequences when a man and woman live together as husband and wife without marriage registration is specified as follows:

- If a man and woman who meet the conditions for marriage according to this law live together as husband and wife without marriage registration, it does not give rise to rights and obligations between husband and wife. Rights and obligations towards children, assets, obligations, and contracts between the parties are resolved according to Article 15 and Article 16 of the Law on Marriage and Family 2014.

- In cases where a man and woman live together as husband and wife as mentioned above but later register their marriage according to the law, the marital relationship is established from the time of marriage registration.

Additionally, Clause 2 of Article 53 of the Law on Marriage and Family 2014 provides that:

Article 53. Handling divorce petitions

….

2. In cases where there is no marriage registration but a divorce petition is filed, the court shall accept and declare that the marriage relationship is not recognized according to the provisions in Clause 1, Article 14 of this Law; if there are requests regarding children and assets, they are resolved according to Article 15 and Article 16 of this Law.

Thus, if a man and woman live together as husband and wife without marriage registration and a divorce petition is filed, the court shall accept and declare that the marriage relationship is not recognized.

2. Compilation of 30 appellate court judgments on family law regarding non-recognition of marital relationships in Vietnam

Below is a collection of 30 appellate court judgments on family law regarding non-recognition of marital relationships in Vietnam:

No. Judgment Name Issuance Date Court of Adjudication
1 Judgment on dispute for not recognizing husband and wife relationship, child custody No. 14/2021/HNGD-PT December 13, 2021 People's Court of Soc Trang Province
2 Judgment on dispute for not recognizing husband and wife relationship, child custody, and asset division of a couple living together without marriage registration No. 02/2021/HNGD-PT July 27, 2021 People's Court of Hai Phong City
3 Judgment on request not to recognize husband and wife relationship, child custody dispute, shared assets No. 09/2021/HNGD-PT May 25, 2021 People's Court of Binh Phuoc Province
4 Judgment on request not to recognize husband and wife relationship and asset division dispute No. 22/2021/HNGD-PT May 17, 2021 People's Court of LA Province
5 Judgment not recognizing husband and wife relationship No. 01/2021/HNGD-PT May 14, 2021 People's Court of Yen Bai Province
6 Judgment not recognizing husband and wife relationship, child custody dispute, asset division of a couple living together without marriage registration No. 10/2021/HNGD-PT April 8, 2021 People's Court of Dak Lak Province
7 Judgment not recognizing husband and wife relationship, child custody dispute, asset division of a couple living together without marriage registration No. 34/2020/HNGD-PT December 3, 2020 People's Court of Hai Phong City
8 Judgment on request not to recognize husband and wife No. 20/2020/HNGD-PT September 24, 2020 People's Court of Lam Dong Province
9 Judgment on dispute not recognizing husband and wife and shared asset division, credit contract dispute No. 14/2020/HNGD-PT September 7, 2020 People's Court of Lam Dong Province
10 Judgment not recognizing husband and wife No. 12/2020/HNGD-PT August 24, 2020 People's Court of Lam Dong Province
11 Judgment not recognizing husband and wife No. 10/2020/HNGD-PT July 15, 2020 People's Court of Lam Dong Province
12 Judgment not recognizing husband and wife No. 03/2024/HNGD-PT January 31, 2024 People's Court of Lam Dong Province
13 Judgment not recognizing husband and wife relationship, child custody dispute No. 17/2023/HNGD-PT July 24, 2023 People's Court of Dak Lak Province
14 Judgment not recognizing as husband and wife No. 04/2023/HNGD-PT February 20, 2023 People's Court of Lam Dong Province
15 Judgment not recognizing husband and wife relationship, shared asset & common debt division No. 07/2022/HNGD-PT December 28, 2022 People's Court of Dak Nong Province
16 Judgment on dispute not recognizing husband and wife, shared asset division No. 18/2022/HNGD-PT December 19, 2022 The High People's Court in Ho Chi Minh City
17 Judgment not recognizing as husband and wife No. 21/2022/HNGD-PT September 26, 2022 People's Court of Lam Dong Province
18 Judgment on request not to recognize husband and wife relationship No. 11/2022/HNGD-PT July 18, 2022 People's Court of Hau Giang Province
19 Judgment 14/2022/HNGD-PT not recognizing as husband and wife June 29, 2022 People's Court of Lam Dong Province
20 Judgment on request not to recognize husband and wife, child custody dispute, alimony, shared asset division, common debt dispute No. 02/2022/HNGD-PT April 29, 2022 People's Court of Lang Son Province
21 Judgment not recognizing as husband and wife No. 14/2017/HNGD-PT August 16, 2017 People's Court of Thua Thien Hue Province
22 Judgment 17/2017/HNGD-PT on request not recognizing husband and wife July 28, 2017 People's Court of Lam Dong Province
23 Judgment 09/2020/HNGD-PT on dispute request not recognizing husband and wife relationship April 20, 2020 People's Court of Long An Province
24 Judgment 03/2020/HNGD-PT on dispute request not recognizing husband and wife, child custody dispute February 13, 2020 People's Court of Tra Vinh Province
25 Judgment on dispute declaring non-recognition of husband and wife relationship No. 10/2019/HNGD-PT September 6, 2019 People's Court of Soc Trang Province
26 Judgment on resolving appeal on child custody in a non-recognition husband and wife case No. 93/2019/HNGD-PT June 18, 2019 People's Court of Hanoi City
27 Judgment not recognizing husband and wife No. 22/2018/HNGD-PT August 30, 2018 People's Court of Lam Dong Province
28 Judgment on request not recognizing husband and wife, child custody dispute No. 11/2018/HNGD-PT May 29, 2018 People's Court of Hai Phong City
29 Judgment not recognizing as husband and wife No. 08/2018/HNGD-PT March 28, 2018 People's Court of Lam Dong Province
30 Judgment on suit not recognizing as husband and wife No. 04/2018/HNGD-PT March 2, 2018 People's Court of Dak Lak Province
  • - This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts;
  • - Articles may be compiled from a variety of sources;
  • - Applicable Terms may have expired at the time you are reading;
  • - If you have any questions about the copyright of the article, please contact us via email banquyen@lawnet.vn
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