Does marital relationship terminate when the husband dies in Vietnam? If my husband is declared dead, will the assets be redistributed in Vietnam?

Does marital relationship terminate when the husband dies in Vietnam? 

According to the law governing marriage, if the husband unfortunately dies, will the marital relationship between husband and wife terminate?

Reply:

Pursuant to Article 65 of the Law on Marriage and Family 2014 stipulates as follows:

A marriage is terminated from the time of death of a spouse.

In case a court declares a spouse to be dead, the time of termination of the marriage is the date of death stated in the court’s judgment or decision.

Thus, comparing with the above regulations in Vietnam, we can see that when the husband dies, the marital relationship between the two also terminates.

Does marital relationship terminate when the husband dies in Vietnam? If my husband is declared dead, will the assets be redistributed in Vietnam? (Image from the Internet)

If my child registers his marriage to undergo in vitro fertilization, will his wife inherit his estate after his death in Vietnam?

I would like to ask a lawyer to help me with this case: My child registered to marry a girl just to do the in vitro fertilization procedure required by the hospital. Not long after, my son passed away. That girl came to ask for a share of the inheritance. In this case, what should I do to avoid dividing the inheritance with that girl? Because marriage registration is just an agreement to perform in vitro fertilization. Thank you

Reply:

According to Clause 2, Article 5 of the Law on Marriage and Family 2014, it stipulates protection of the marriage and family regime as follows:

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 Clause 1, Article 8 of the Law on Marriage and Family 2014, conditions for getting married are stipulated as follows:

1. A man and a woman wishing to marry each other must satisfy the following conditions:

a /The man is full 20 years or older, the woman is full 18 years or older;

b/ The marriage is voluntarily decided by the man and woman;

c/ The man and woman do not lose the civil act capacity;

d/ The marriage does not fall into one of the cases prescribed at Points a, b, c and d, Clause 2, Article 5 of this Law.

According to Clause 3, Article 12 of the Law on Marriage and Family 2014, the legal consequences of an illegal marriage annulment are as follows: Property relations, obligations and contracts between the parties shall be settled according to Article 16 of this Law.

According to this regulation in Vietnam, between your son and his girlfriend there are no relationships, obligations and contracts that give rise to common property relations under the marital regime. Therefore, after annulling the illegal marriage, your son and his girlfriend are not legally married, so there will be no inheritance problem after your son's death.

If my husband is declared dead, will the assets be redistributed in Vietnam? 

My ex-husband was declared dead by the court and now comes back and wants to redistribute his assets? I have a new husband and have legally registered my marriage according to the law, so do I have to redistribute my assets to my ex-husband?

Reply:

Pursuant to Clause 2, Article 67 of the Law on Marriage and Family 2014, there are regulations on the property relation between the person declared to be dead who returns and his spouse shall be settled as follows:

a/ If their marriage is restored, the property relation shall be restored on the effective date of the court’s decision canceling the declaration of death of the person who is the husband or wife. The property acquired by his/her spouse from the effective date of the court’s decision declaring death of the husband or wife to the effective date of the court’s decision canceling such declaration is separate property of that spouse;

b / If their marriage is not restored, property created before the effective date of the court’s decision declaring death of the husband or wife which has not been divided shall be settled as for property division upon divorce.

Thus, based on the provisions of law in Vietnam, in this case, because you have a new husband, the marriage between you and your ex-husband cannot be restored, so the common property between you and your ex-husband will be redistributed and this procedure similar to the procedure for dividing marital assets upon divorce. We would like to inform you.

Best regards!