Does husband have to support his wife after divorce in Vietnam? What reasons for divorce can be accepted by the Court in Vietnam?

Does husband have to support his wife after divorce in Vietnam?

I learned that child support obligation after the divorce belongs to the person who does not live with the children. However, does the law stipulate that a husband is obliged to support his wife after a divorce?

Answer: Pursuant to Article 115 of the Law on Marriage and Family 2014 stipulates as follows:

When divorced, if the party facing financial difficulties requests maintenance for plausible reasons, the other party has the obligation to provide maintenance according to his/her ability.

Thus, it can be seen that in addition to child support as usual, husband and wife must also have obligation to support each other after a divorce when it is considered that the other party is facing financial difficulties requests maintenance for plausible reasons, the other party has the obligation to provide maintenance according to his/her ability. However, the law does not specify what is difficult and needy, so if you want to receive support, you must depend on the judgment of the Court in Vietnam.

What reasons for divorce can be accepted by the Court in Vietnam?

According to current regulations, what are the reasons for applying for a divorce to be accepted by the Court? At the request of one party.

Answer: Pursuant to Article 56 of the Law on Marriage and Family 2014 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.

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.

In Section 8 of Resolution 02/2000/NQ-HDTP guiding the grounds for divorce as follows:

a. According to the provisions of Clause 1, Article 89 , the Court shall decide to divorce if it considers that the situation is serious, the cohabitation cannot be prolonged, and the purpose of the marriage cannot be achieved.

a.1. Considered a serious marital condition when:

- Husbands and wives do not love, respect, care for and help each other like someone who only knows his or her duties, leaving the wife or husband to live as they want to live, being cared for by their relatives or agencies, organizations, reminders and conciliation many times.

- Husbands and wives always have abusive behavior, torture each other, such as frequent beatings, or other acts that offend each other's honor, dignity and reputation, which have been reported by their relatives or agencies, organizations, and mass organizations reminded and reconciled many times.

- Husband and wife are unfaithful to each other such as having an adulterous relationship, have been reminded and advised by the wife or husband or their relatives or agencies, organizations, but still continue to have an adulterous relationship;

a.2. In order to have a basis for determining that the husband and wife's common life cannot be prolonged, it must be based on the current situation of the husband and wife, which has reached a serious level as guided at point a.1 of this section. If the fact shows that they have been reminded and reconciled many times, but still continue to have an adulterous relationship, or continue to live apart, abandon each other or continue to abuse and insult each other, then there are grounds to conclude that the husband and wife's life together cannot be prolonged.

a.3. The purpose of unattainable marriage is that there is no conjugal relationship; unequal obligations and rights between husband and wife; not respect the honor, dignity and prestige of the spouse; not respecting the freedom of belief and religion of husband and wife; do not help, create conditions for each other to develop in all aspects.

b. According to the provisions of Clause 2, Article 89, "in case the wife or husband of the person declared missing by the Court applies for a divorce, the Court shall grant the divorce". Practice shows that there can be two cases as follows:

b.1. The wife or husband at the same time requests the Court to declare her husband or wife missing and asks the Court to settle the divorce. In this case, if the Court declares that person missing, the divorce will be settled; if the Court finds that there are not enough conditions to declare that person missing, it will reject the wife's or husband's requests.

b.2. The wife or husband has been declared missing by the Court at the request of the person with related rights and interests. After the court judgment declaring the missing wife or husband has taken legal effect, the husband or wife of that person may request a divorce from that person. In this case the Court decided to divorce.

b.3. When the Court decides to divorce the person who declares missing, it is necessary to pay attention to the management of the property of the person declared missing in accordance with the provisions of Article 89 of the Civil Code.

Thus, the common grounds for falling into the following cases are: There are grounds for the fact that the husband or wife 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, the Court will decide the divorce. At the same time, depending on each marriage case and the way of proof as well as other issues for the Court to consider and resolve this divorce issue of the husband and wife in Vietnam.

If I want to get divorce without going through conciliation procedure in the village or commune in Vietnam, is it possible?

I want to go through the divorce at the request of one spouse, but I don't want to go through the conciliation procedure in the village or commune, is it possible?

Answer: Pursuant to Article 52 and Article 54 of the Law on Marriage and Family 2014 regulations on encouragement of grassroots-level conciliation is as follows:

The State and society shall encourage grassroots-level conciliation when a husband or wife requests a divorce. The conciliation must comply with the law on grassroots-level conciliation.

In addition, regulations on conciliation at the Court: After accepting a divorce petition, a court shall conduct conciliation in accordance with the civil procedure law.

Thus, in principle the issue of grassroots-level conciliation (commune, village) is only encouraged, but not compulsory. Thus, you have the right to file a petition with the Court to request divorce without having to go through grassroots-level conciliation. However, after accepting the divorce petition, the Court conducts conciliation at the Court in Vietnam.

Best regards!