Does Tearing the Marriage Certificate Terminate the Spousal Relationship?
Does tearing the marriage certificate end the marital relationship?
I would like to ask, my husband and I were arguing due to differing life views. In a moment of anger, I accidentally tore our marriage certificate. So, does this mean that our marital relationship is automatically ended because the marriage certificate was torn?
Answer:
Pursuant to Articles 57 and 65 of the Law on Marriage and Family 2014, the time of termination of marriage is regulated as follows:
+ The marital relationship terminates from the date the court’s divorce judgment or decision takes legal effect.
+ The marriage terminates from the time either spouse dies.
+ In cases where the court declares either spouse dead, the time of termination of marriage is determined based on the death date recorded in the court's judgment or decision.
Thus, in this case, tearing the marriage certificate does not terminate your marital relationship.
Can same-sex individuals who cannot register for marriage hold a wedding?
I know that same-sex individuals cannot register for marriage, but can they still hold a wedding ceremony?
Answer:
Pursuant to Clause 2, Article 8 of the Law on Marriage and Family 2014, the conditions for marriage are regulated as follows:
- A man and a woman getting married must meet the following conditions:
a) The man is at least 20 years old, and the woman is at least 18 years old;
b) The marriage is based on the voluntary decision of the man and woman;
c) They are not mentally incapacitated;
d) The marriage does not fall into one of the prohibited cases specified in points a, b, c, and d of Clause 2, Article 5 of this Law.
- The State does not recognize marriage between people of the same sex.
Therefore, the law does not recognize means that the law does not allow same-sex individuals to register for marriage at competent state agencies or be recognized as spouses with corresponding rights and obligations. However, the law does not interfere with the holding of wedding ceremonies between two people, as wedding or engagement ceremonies do not have legal value in marriage.
After marriage, must the husband and wife reside within the province?
I would like to ask, the wife lives in commune A and the husband in commune B, both in province X. So, after marriage, do the husband and wife have to reside within province X?
Answer:
Pursuant to Article 20 of the Law on Marriage and Family 2014, the residence choice of the husband and wife is regulated as follows:
The choice of residence of the husband and wife is based on their agreement and is not restricted by customs, traditions, or administrative boundaries.
Therefore, both spouses are not bound by the choice of residence issues and are free to choose their place of living and activities.
Sincerely!
