Can a New Mother Request a Divorce? Factors Affecting the Division of Marital Property
Can a Wife Who Has Just Given Birth Request a Divorce?
Based on Article 51 of the Law on Marriage and Family 2014, the right to request a divorce is stipulated as follows:
Either spouse or both together have the right to request the Court to settle the divorce.
Parents or other relatives have the right to request the Court to settle the divorce when one spouse suffers from mental illness or another disease that prevents them from being aware of and controlling their behavior, and simultaneously, there is domestic violence by the other spouse causing serious harm to their life, health, and spirit.
The husband does not have the right to request a divorce in cases where the wife is pregnant, has given birth, or is nursing a child under 12 months old.
Thus, according to the above regulations, you do not have the right to request the court to settle the divorce when your wife is nursing a child under 12 months old.
Factors Affecting the Division of Marital Property
Based on Clause 2, Article 59 of the Law on Marriage and Family 2014, the marital property is divided equally but taking into account the following factors:
a) The circumstances of the family and of the spouses;
b) The contribution of each spouse to the creation, maintenance, and development of the common property. The labor of the spouses in the family is considered income-generating labor.
c) Protecting the legitimate interests of each party in production, business, and professional activities so that the parties can continue to work and create income.
d) The fault of each party in violating the rights and obligations of the spouses.
The aforementioned factors will affect the division of marital property.
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