07/10/2022 10:36

Draft: Domestic violence acts as grounds for divorce settlement

Draft: Domestic violence acts as grounds for divorce settlement

The Judicial Council of the Supreme People's Court is organizing to collect comments on the draft resolution guiding some issues on the resolution of marriage and family disputes.

This draft resolution guides a number of issues on the settlement of marriage and family disputes in accordance with the Law on Marriage and Family of 2014 of Vietnam; Civil Procedure Code of 2015

1. Grounds for divorce

Article 2 of the Draft Resolution provides the grounds for divorce as follows:

The court shall recognize divorce status for cases where spouses request a divorce when the following conditions are fully met:

+ The two parties voluntarily divorced;

+ Agreed on the division of property, the care, upbringing, care and education of children on the basis of ensuring the legitimate rights of wife and children.

When there are grounds that the husband and wife commit acts of domestic violence or seriously violate the rights and obligations of the husband and wife, causing the marriage to fall into a serious situation, the common life cannot be prolonged, the purpose of marriage is not achieved, the court shall decide to divorce under the provisions of Article 56 of the Law on Marriage and Family.

The draft guidelines also clearly define the following concepts:

+ Domestic violence includes physical violence (frequent beatings, maltreatment, maltreatment that causes the abused person to suffer injury, harm to health) and mental violence (insult, insult, violation of honor, dignity and prestige that causes the abused person to suffer loss of honor, mental suffering).

+ The situation of husband and wife is aggravated when: Husband and wife are beaten, mistreated and mistreated, causing the mistreated and mistreated person to always be emotionally tormented, suffer honor losses, suffer mental suffering or suffer injury or damage to health but have not yet reached the criminal level or have been sanctioned for administrative violations which have been reminded by relatives of the husband and wife or agencies, organizations and unions.

Parties who are unfaithful to each other, such as having an affair, have been reminded or advised by their spouse or close relatives or agencies, organizations, but continue to have an affair;

+ The common life of husband and wife cannot be extended based on the current situation of husband and wife has reached the level of seriousness as instructed above

If the facts show that they have been reminded, reconciled, but continue to have adulterous relations or continue to live separately, leave each other or continue to abuse and insult each other, there are grounds to claim that the married life of the couple cannot last.

+ The purpose of marriage is not meet husband and wife relationship; not to have equality of obligations and rights between husband and wife; not to respect each other in all aspects

2. Who has the right to request a divorce settlement

The draft defines the right to request divorce settlement as follows:

- Parents and adult children who have full capacity for civil acts or other relatives have the right to request the Court to resolve the divorce when one spouse is mentally ill or suffers from another disease and is unable to perceive and control their acts, and is a victim of domestic violence caused by their husband or wife, which seriously affects their lives, health and spirit as prescribed in Clause 2, Article 51 of the Law on Marriage and Family.

- Parents or other relatives are parents; grandparents, siblings, siblings, adult children of persons with mental illness or other diseases who are unable to recognize and control their acts, and are victims of domestic violence caused by their husbands or wives, which seriously affects their lives, health and spirituality.

3. About the agreement and child support

- If the husband and wife cannot agree on the person directly raising the child, the court shall decide to assign the child to a party directly raising the child. If the child is at least 07 years old, the child's aspirations must be considered.

- The collection of opinions of minors must meet the following requirements:

+ Friendliness and appropriate method of collecting opinions so that children can express their opinions correctly and fully; opinions must be consulted in a private meeting room without the participation of parents.

+ If necessary, commune-level child protection officers can be invited to participate so that children can have more confidence when expressing their opinions.

+ Do not force children to express their opinions; do not put pressure and stress on children;

+ Consider children's opinions appropriately according to their age and maturity level to ensure their legitimate rights and interests.

- Child support includes expenses for the child's upbringing and education and is agreed by the parties.

If the parties fail to reach an agreement, the court shall decide the support level at least equal to 2/3 of the base salary and not lower than 30% of the average income of the person obliged to support for 06 consecutive months.


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