16/07/2022 09:16

Is it acceptable to ask for a divorce when there is no sexual harmony in Vietnam?

Is it acceptable to ask for a divorce when there is no sexual harmony in Vietnam?

Each couple comes together often for many different reasons such as love, compatibility, registration for each other,... And when asking for a divorce, there are also many reasons such as: being abused, betrayed, not in harmony with the sex matter... Therefore for the cases where the husband or wife asks for a divorce because of not in harmony with the sex matter but the other party does not agree to divorce, will the Court of Vietnam accept the divorce?

Compared with the provisions of the Law on Marriage and Family 2014, the conditions for considering divorce at the request of one party are as follows:

Article 56. Divorce at the request of one spouse

1. When a spouse requests a divorce and the conciliation at a court fails, the court shall permit the divorce if it has grounds to believe that a spouse commits domestic violence or seriously infringes upon the rights and obligations of the husband or wife, which seriously deteriorates the marriage and makes their common life no longer impossible and the marriage purposes unachievable.

2. When the spouse of a person who is declared missing by a court requests a divorce, the court shall permit the divorce.

3. For request for a divorce under Clause 2, Article 51 of this Law, a court shall permit the divorce if it has grounds to believe that the domestic violence committed by one spouse seriously harms the life, health or spirit of the other.

Therefore, in order to consider whether to accept a divorce or not, the Court must specifically consider the current marital status of the couple, whether the relationship is serious, can it be repaired,... to give the final resolution.

In order to better understand what factors and conditions will the court consider to accept divorce and give reasons for divorce because of sexual incompatibility, will the court consider and accept it? Please refer to some of the following judgments:

1. Judgment 37/2020/HNGĐ-ST dated August 20, 2020 on divorce and child custody disputes upon divorce

+ Trial level: First instance.

+ Trial agency: People's Court of Thanh Ha district, Hai Duong province.

+ Quoting the content: "The defendant's statement about the marriage registration, the marriage registration time, the fact that he is a vegetarian and has no physiological needs as presented by Ms. H is correct. Ms. H has left her home to live in since April 2020, he and his wife have lived separately since then, and no one cares about anyone. He does not agree to divorce Ms. H, but there is no solution to heal the couple's feelings."

+ Result of settlement: Ngo Thuy H divorced Mr. Hoang Van C

2. Judgment 33/2020/HNGĐ-ST dated June 26, 2020 on divorce dispute

+ Trial level: First instance.

+ Judicial agency: People's Court of Dong Da district, Hanoi city.

+ Quote from the content: “The cause of husband and wife conflict is that Mr. S does not have the attention, care and sharing with her in daily activities. Mr. S often goes to work away from home, in the past often went overnight and did not return. In addition, husband and wife conflicts also arise due to the physiological needs in the husband and wife relationship are not suitable. There were many times when she was tired, but Mr. S did not let her rest. Therefore, She sees that Mr. S does not love and respect her, making her feel extremely stressed, mentally tired as well as physically painful."

+ Result: Accepting the divorce request of Ms. Nguyen Thi Thu H

3. Judgment 04/2018/HNGĐ-ST dated 23/01/2018 on divorce

+ Trial level: First instance.

+ Judicial agency: People's Court of Quang Ngai city, Quang Ngai province.

+ Quote from the content: “In the process of living together, husband and wife are happy. In 2009, she had a stroke, was confined to a wheelchair, her health declined, and could not meet the physiological needs of Mr. T, so Mr. T often quarreled, assaulted, and kicked her out of the house. Therefore, she asked the Court to grant her a divorce from Mr. T."

+ Results of settlement: Not accepting Ms. Nguyen Thi N's request for divorce from Mr. Nguyen Xuan T.

4. Judgment 506/2019/HNGĐ-ST dated 14/05/2019 on divorce dispute

+ Trial level: First instance.

+ Judicial agency: Thu Duc District People's Court, City. HCM.

+ Excerpt from the content: “After marriage, husband and wife live together unhappily because of involuntary marriage; The reason why Mr. D married Ms. H was to legalize because Ms. H was pregnant for 3 months before informing Mr. D; Ms. H fails to fulfill her wife's responsibilities because she often hides Mr. D's economy and does not make it public when sending money to Ms. H's parents; do not respect Mr. D; failure to fulfill the mother's duty and responsibility in taking care of her child; husband and wife do not get along in sexual matters; Ms. H insults Mr. D; Now, Mr. D has determined that he no longer has feelings for Ms. H, so he asks for a divorce."

+ Result of settlement: Accepting the claim of plaintiff Mr. Nguyen Tien D

Sang Nguyen

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