Can I marry my stepmother's child in Vietnam? I've only been married for 2 months, can I get divorce in Vietnam?

Can I marry my stepmother's child in Vietnam?

My lover and I have known each other for more than 2 years. However, there is a problem: the person who loves me is my stepmother's stepchild. Can she and I get together?

Reply:

In Clause 2, Article 5 of the 2014 Law on Marriage and Family, the following acts are prohibited:

2. The following acts are prohibited:

a/ Sham marriage or sham divorce;

b/ Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage;

c/ A married person getting married to or cohabitating as husband and wife with another person, or an unmarried person getting married to or cohabitating as husband and wife with a married person;

d/ Getting married or cohabitating as husband and wife between people of the same direct blood line; relatives within three generations; adoptive parent and adopted child; or former adoptive parent and adopted child, father-in-law and daughter-in-law, mother-in-law and son-in-law, or stepparent and stepchild;

dd/ Demanding property in marriage;

e/ Forcing a person into divorce; deceiving a person into divorce; obstructing divorce;

g/ Giving birth with assisted reproductive technology for commercial purpose, commercial gestational surrogacy, prenatal sex selection, cloning;

h/ Domestic violence;

i/ Taking advantage of marriage and family rights for human trafficking, labor exploitation or sexual abuse or committing another act for self-seeking purposes.

According to this Article, your case of wanting to marry your stepmother's child is not a prohibited case in Vietnam. Therefore, you can marry your stepmother's child if both of you meet the marriage conditions specified in Article 8 of the 2014 Law on Marriage and Family.

Can I marry my stepmother's child in Vietnam? I've only been married for 2 months, can I get divorce in Vietnam? (Image from the Internet)

I've only been married for 2 months, can I get divorce in Vietnam?

The story is that my husband and I registered our marriage in October 2020. It's only been 2 months now and he's been cheating on me, and even comes home to beat me, so I want a unilateral divorce, is that okay?

Reply:

Clause 1, Article 56 of the 2014 Law on Marriage and Family stipulates 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.

According to this Article, unilateral divorce settlement is based on the basis that the husband or wife has committed domestic violence or seriously violated the rights and obligations of the husband and wife, causing the marriage to fall into a serious situation. Living together cannot last, the purpose of marriage cannot be achieved. The law does not set regulations on how long after marriage one can divorce in Vietnam.

Therefore, in your case, you have only been married for 2 months and your husband beats you and violates your rights and conjugal obligations (as per the information you provided), then you have the right to request a unilateral divorce in Vietnam. You can see all the answers to questions about unilateral divorce HERE.

Clause 14, Article 3 of the 2014 Law on Marriage and Family stipulates:

14. Divorce means termination of the husband and wife relation under a court’s legally effective judgment or decision.

And according to Clause 2, Article 22 of Decree 123/2015/ND-CP:

2. If the applicant for certificate of marital status had been married but he/she obtained divorce then or his/her spouse died, he/she must present or submit valid documents proving such status; in case of the circumstance prescribed in Clause 2 Article 37 of this Decree, a respective copy of vital records is required.

Thus, according to this regulation in Vietnam, the issuance of a certificate confirming your single status will be carried out from the date the Court's divorce judgment/decision takes legal effect.

How long does it take for spouses to get a divorce certificate in Vietnam?

Let me ask you a question: How long does it take for spouses to get a divorce certificate?

Reply:

According to Clause 14, Article 3 of the 2014 Law on Marriage and Family stipulates:

14. Divorce means termination of the husband and wife relation under a court’s legally effective judgment or decision.

And according to Clause 2, Article 22 of Decree 123/2015/ND-CP:

2. If the applicant for certificate of marital status had been married but he/she obtained divorce then or his/her spouse died, he/she must present or submit valid documents proving such status; in case of the circumstance prescribed in Clause 2 Article 37 of this Decree, a respective copy of vital records is required.

Thus, according to this regulation in Vietnam, the issuance of a certificate confirming your single status will be carried out from the date the Court's divorce judgment/decision takes legal effect.

Best regards!