25/06/2022 11:57

Is it necessary to get divorce at the Court if marriage is not registered in Vietnam?

Is it necessary to get divorce at the Court if marriage is not registered in Vietnam?

Reader Nguyen Van Hung (Ho Chi Minh City, Vietnam) asked: My wife and I got married without registration. We have a child in common. Now I want to break up with my wife, will the court settle a divorce for us? And how is child support handled?

Lawyer Cao The Luan, Kao Kien Law Firm, replied: Clause 2, Article 53 of the Law on Marriage and Family 2014 of Vietnam stipulates the acceptance of divorce petitions as follows: For a couple who has not registered their marriage but requests a divorce, the court shall accept the case and declare non-recognition of their spousal relationship under Clause 1, Article 14 of this Law. In your case, when you submit a divorce petition, the court will accept and declare that the husband and wife relationship is not recognized, there will be no divorce to be resolved at the court.

Regarding child rearing, according to Article 15 of the Law on Marriage and Family 2014, even though the marriage is not registered, the child is a common child, so both have equal rights and obligations regarding nourishing, upbringing and education. If your child is under 36 months old, it will be directly raised by the mother, unless the mother cannot afford to raise the child or otherwise agrees. When the child is 7 years old, his/her opinions and aspirations must be considered.

Source: Người lao động


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