07/10/2022 09:04

Is it acceptable to claim youth compensation when divorced in Vietnam?

Is it acceptable to claim youth compensation when divorced in Vietnam?

When they first entered the marriage, both men and women were full of youth. However, when divorced, women find that their youth has passed in a wasteful or meaningless way. And then the woman asked her husband to compensate her for her youth when the husband wanted a divorce. So for this youth compensation, is it acceptable to the court of Vietnam?

Typically in the Judgment 06/2017/HNGĐ-ST dated August 31, 2017 on the divorce dispute of the People's Court of Cho Moi district, Bac Kan province, according to which:

“Mr. C and Ms. T got married on a voluntary basis in 2014. In the process of living together, he and his wife had many conflicts, the main reason being that the couple disagreed on planning to have a child together. He and his wife have lived separately since the end of 2016 until now. Mr. C determined that the husband and wife's feelings were no longer there and that their common life could not last long, so he asked the court to grant him a divorce from Ms. T.

Ms. T said that she determined that the husband and wife's feelings were still there, but if Mr. C insists on applying for a divorce, he must meet the following two requirements:

- Firstly, Mr. C must be responsible for compensating for her dignity and youth in the amount of VND 100,000,000.

- Secondly, Mr. C must make an offering to report to the ancestors, to declare that he and Mr. C are no longer husband and wife. If Mr. C accepts the above two requirements, then she will agree to divorce Mr. C.

The court ordered Mr. C and Ms. T to divorce. However, for Ms. T's request, Mr. C is required to be responsible for compensating for her dignity and youth and to make an offering to report the ancestors. The court found that Ms. T's above request was not regulated by the Law on Marriage and Family of Vietnam, so this request was not accepted."

Although the current law has paid great attention to protecting women's rights and interests, compared with the provisions of the Law on Marriage and Family and other relevant documents, there is no provision on compensation for youth when divorce.

However, this claim is not impossible if the wife can agree with her husband so that the husband voluntarily compensates for the lost youth period.

In addition, there is also another option that the wife claims for damages when her honor is violated when the wife proves that her husband's divorce has affected her honor when she is scorned by everyone, slandered by her husband's abandonment... But proving it in reality is very difficult.

Ensuring women's rights due to divorce, women suffer more disadvantages and difficulties in creating a new life, therefore, when resolving divorce, the court will take into account the efforts to contribute, maintain the married life, the fault of the parties to divide the common property of the husband and wife.

When divorced, the wife often regrets her youth, the husband regrets his life or finds himself losing honor when the other party asks for a divorce. However, the claim for compensation for the above loss and damage is very obscure if the two parties cannot reach an agreement on compensation.


Sang Nguyen

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