Can I get divorce if I have conflict with my mother-in-law in Vietnam? If my husband has lost his civil capacity, can I represent him for divorce in Vietnam?

If my wife mentally ill, will I have right to divorce in Vietnam?

My wife and I have been married for five years, and now my wife unfortunately has a mental illness. After a long period of treatment, there were no results and the condition became worse. So in this case, can I divorce my wife or not?

Reply:

Pursuant to Article 56 of the 2014 Law on Marriage and Family, there are regulations on divorce at the request of one spouse as follows:

1. When a spouse requests a divorce and the conciliation at a court fails, the court shall permit the divorce if it has grounds to believe that a spouse commits domestic violence or seriously infringes upon the rights and obligations of the husband or wife, which seriously deteriorates the marriage and makes their common life no longer impossible and the marriage purposes unachievable.

2. When the spouse of a person who is declared missing by a court requests a divorce, the court shall permit the divorce.

3. For request for a divorce under Clause 2, Article 51 of this Law, a court shall permit the divorce if it has grounds to believe that the domestic violence committed by one spouse seriously harms the life, health or spirit of the other.

Thus, according to the above regulations in Vietnam, even though your wife has a mental illness, the court will still not grant you a divorce. You can only divorce when there are grounds to show that you have been abused, or that there has been a serious violation of your wife's rights and obligations, causing the marriage to fall into a serious state, making your life together impossible to last. The purpose of marriage is not achieved.

Can I get divorce if I have conflict with my mother-in-law in Vietnam? If my husband has lost his civil capacity, can I represent him for divorce in Vietnam? (Image from the Internet)

Can I get divorce if I have conflict with my mother-in-law in Vietnam? 

If a conflict with my mother-in-law makes my married life unhappy, can I ask for a divorce? Ask a Lawyer to help me answer!

Reply:

Article 56 of the 2014 Law on Marriage and Family stipulates divorce at the request of one spouse:

1. When a spouse requests a divorce and the conciliation at a court fails, the court shall permit the divorce if it has grounds to believe that a spouse commits domestic violence or seriously infringes upon the rights and obligations of the husband or wife, which seriously deteriorates the marriage and makes their common life no longer impossible and the marriage purposes unachievable.

...

To get a divorce, you need to provide grounds to prove it. Using the reason of conflict with your mother-in-law is not enough ground, the Court may not consider resolving your request in Vietnam.

If my husband has lost his civil capacity, can I represent him for divorce in Vietnam? 

My husband is sick and has lost his civil act capacity which has been recognized by the court. Now I want to divorce my husband. Can you please tell me if I can represent my husband to sign the divorce agreement?

Reply:

Pursuant to Article 24 of the 2014 Law on Marriage and Family, which stipulates bases for determination of representation between husband and wife:

1. The representation between husband and wife in establishing, making and terminating transactions shall be determined in accordance with this Law, the Civil Code and other relevant laws.

2. Husband and wife may authorize each other to establish, make or terminate transactions which, as prescribed by this Law, the Civil Code and other relevant laws, shall be agreed upon by both spouses.

3. A spouse may represent the other when the latter loses his/her civil act capacity while the former is eligible to act as the guardian or when the latter has his/her civil act capacity restricted while the former is designated by a court to act as the at-law representative of his her spouse, unless the latter is required by law to perform by himself/herself related rights and obligations.

When a spouse loses his/her civil act capacity and the other requests a court to settle divorce, the court shall designate another person to represent the partner who has lost his/her civil act capacity for settlement of divorce in accordance with the Civil Code’s provisions on guardianship.

Thus, because your husband has lost cognitive ability, according to Clause 3, Article 24 of the Law on Marriage and Family, you will be your husband's representative when you are qualified to be a guardian, except in cases prescribed by the Law on Marriage and Family, that person must personally exercise the relevant rights and obligations.

However, in case your husband loses his civil act capacity and you request a divorce from the Court, based on the provisions on guardianship in the Civil Code, the Court will appoint another person to represent your husband for divorce, but you cannot simultaneously represent your husband in divorcing yourself.

Above is our advice on the issue you are wondering about.

Best regards!