19/07/2022 11:11

Is the commitment to love your spouse until the end of the life legally valid in Vietnam?

Is the commitment to love your spouse until the end of the life legally valid in Vietnam?

Before getting married, many couples will promise each other all kinds of things such as loving and taking care of each other until the end of their lives.... So when the above promises are signed into a written commitment, are they legally effective?

Typically in Judgment 177/2020/HNGĐ-ST dated July 23, 2020 on the divorce between Mr. H and Ms. T, which:

“Mr. H married Ms. T on April 19, 2016; has a marriage registration at the People's Committee of commune H, district H, Nam Dinh province. Before getting married, the two sides learned about each other's family circumstances and voluntarily got married. During the time living, there were often quarrels, caused by disagreements, and incompatible personalities, and her behavior was not delicate, so he realized that he did not have a happy life. Now, he determined that he could no longer live with Mrs. T, so he asked for a divorce.

Ms. T presented: Mrs. H and Mr. H in the process of living together also had conflicts, but the conflict was not big. From about September 2017, when he saw that she had a heart condition, Mr. H treated him coldly. Now that she is old, she just wants to settle down with her family. When he got married, Mr. H wrote a letter of commitment to love her until the end of his life, so she did not agree to divorce, asking Mr. H to comply with his commitment. "

The court said: During the time of living together, Mr. H and Mrs. T had a disagreement, although the parties still had different testimonies about the cause of the husband and wife's conflict, they both acknowledged that the conflict was real. Mr. H often goes to Ba Ria - Vung Tau province to live with his stepchildren. Considering that the conflict between Mr. H and Mrs. T has become serious, Mr. H has kept asking for a divorce. Therefore, it is necessary to accept Mr. Vuong Thanh H's request for divorce against Ms. Do Thi T in accordance with the provisions of Clause 1, Article 56 of the Law on Marriage and Family of Vietnam

Through the judgment, it can be seen that Mr. H's written commitment to love Mrs. T until the end of her life is not legally valid. Because, although the Court did not directly reject the above commitment, it still declared Mr. H to be divorced from Ms. T based on the serious marital relationship of his grandparents.

In conclusion, the current marriage and family law does not stipulate that when two married parties have to sign a written commitment to live together for life and not get a divorce, it is not appropriate to make a written agreement as above. Therefore, the "love commitment" has no legal value.

Sang Nguyen

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