Can children bear their father's surname when born after divorce in Vietnam? Can children bear their father's surname when born after divorce in Vietnam?
Can children bear their father's surname when born after divorce in Vietnam? What is handling in case I get divorced and discover that my husband has borrowed money in Vietnam? Is a long-term separation considered a divorce in Vietnam?
Can children bear their father's surname when born after divorce in Vietnam?
My wife and I previously registered our marriage. And giving birth to the first grandchild, the grandchild stands next to the younger sibling. After that, my wife and I got divorce papers in September 2020. At that time, my wife was 2 months pregnant, and in mid-April 2021 she gave birth. So when I go to get a birth certificate for my second child, can I use my last name?
Answer: According to Clause 1, Article 88 of the Law on Marriage and Family 2014, regulations on identification of parents are as follows:
1. A child who is born or conceived by the wife during the marriage period is the common child of the husband and wife.
A child who is born within 300 days from the time of termination of a marriage shall be regarded as a child conceived by the wife during the marriage period.
A child who is born before the date of marriage registration and recognized by his/her parents is the common child of the husband and wife.
Thus, before the divorce, your wife was pregnant. Therefore, in case your child is born within 300 days from the date the court resolves the divorce request, your child will still be determined to be your common child.
Therefore, when registering the birth, you guys can agree to give the baby's last name after you (Article 6, Circular 04/2020/TT-BTP).
Can children bear their father's surname when born after divorce in Vietnam? Can children bear their father's surname when born after divorce in Vietnam? (Image from the Internet)
What is handling in case I get divorced and discover that my husband has borrowed money in Vietnam?
My husband and I have had a bank loan of 300,000,000 since January 2020. My husband and I had a conflict and couldn't talk to each other, so I filed for divorce and I went to the bank to ask how much I still owed so I could apply, only to find out that my husband had borrowed another 80,000,000 in October/ 2020. But I didn't know anything and asked someone to forge my signature. What should I do now?
Answer: Pursuant to Article 37 of the Law on Marriage and Family 2014, husband and wife have the following common property obligations:
1. Obligations arising from transactions established under their agreement, obligations to pay damages under their joint liability as prescribed by law;
2. Obligations performed by a spouse in order to meet the family’s essential needs;
3. Obligations arising from the possession, use and disposition of common property;
4. Obligations arising from the use of separate property for maintaining and developing common property or for generating major incomes for the family;
5. Obligations to pay damages caused by their children as prescribed by the Civil Code;
6. Other obligations as prescribed by relevant laws.
And according to Clause 3, Article 45 of the Law on Marriage and Family 2014, a spouse has the following separate property obligations:
3. The obligations arising from transactions established and made by himself/herself not for meeting the family’s needs;
=> According to this Article, for obligations arising from transactions established by mutual agreement between husband and wife, both husband and wife must be responsible. For transactions that are established by one spouse and not performed for family needs, one party is solely responsible.
In your case, both husband and wife are responsible for paying the 300 million VND loan; As for the later loan of 80 million VND, your husband borrowed it himself without letting you know, without agreement and without serving family needs, then there is no joint obligation between the couple, your husband has right to take responsibility to pay.
Is a long-term separation considered a divorce in Vietnam?
Hello, my husband and I have been separated for 20 years without going to Court, both parties have their own lives. So are we considered divorced or not?
Answer: Currently, there is no legal document that specifically regulates separation. Separation can be simply understood as the fact that the couple no longer lives together, each person has their own life.
Clause 14, Article 3 of the Law on Marriage and Family 2014 has the following provisions:
14. Divorce means termination of the husband and wife relation under a court’s legally effective judgment or decision.
And Clause 1, Article 57 of the Law on Marriage and Family 2014 stipulates the time to terminate marriage as follows:
1. The marriage relation shall terminate on the date a court’s divorce judgment or decision takes legally effective.
=> From the above grounds, it can be seen that separation does not end the marital relationship, which also means separation does not mean divorce in Vietnam.
Therefore, if you have been separated from your husband for 20 years, it is not considered divorced in Vietnam, the marital relationship still exists between the two.
Best regards!
