How to settle common property when cohabiting as husband and wife illegally in Vietnam?

How to settle common property when cohabiting as husband and wife illegally in Vietnam?

Hello Lawnet. I am extremely confused with my case. After 2 years of marriage, I found out that I am the "second" wife. When I asked my husband, I found out that he had requested for confirmation on his single status in two places to get two wives. Is this against the law? If we divorce, how shall our common property be settled?

Answer:

Pursuant to Clause 1.d Article 8 of the Law on Marriage and Family in 2014 stipulating conditions for getting married as follows:

- 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.

Pursuant to Article 16 of the Law on Marriage and Family in 2014 stipulating settlement of property relations and obligations and contracts between men and women cohabiting as husband and wife without marriage registration as follows:

1. Property relations, obligations and contracts between a man and woman cohabiting as husband and wife without marriage registration shall be settled under the partners’ agreement. In case there is no agreement, they shall be settled in accordance with the Civil Code and other relevant laws.

2. The settlement of property relations must ensure lawful rights and interests of women and children. Housework and other related work to maintain the cohabitation shall be regarded as income-generating labor.

As regulations above, your marriage is against the law. You can write a petition to the Court to annul the illegal marriage and settle the issue of common property and common children (if any). In your case, when resolving the issue of common property and common children (if any), it will be resolved in the same way as in the case of a man and a woman cohabiting as husband and wife without marriage registration.

Does sister have the right to request annulment of illegal marriage in Vietnam?

Hello Lawnet. My little sister has been married for 6 months. Recently, she told me that known that her husband had threatened to reveal her bad past to everyone to make her agree to get married with her. Her current married life is not happy, subject to a lot of mental pressure. I want to ask if I have the right to request annulment of illegal marriage in Vietnam.

Answer:

Pursuant to Article 10 of the Law on Marriage and Family in 2014 stipulating persons having the right to request annulment of illegal marriage as follows:

- A person who is forced or deceived into a marriage has, as prescribed by the civil procedure law, the right to request by himself/herself, or propose a person or an organization prescribed in Clause 2 of this Article to request, a court to annul his/her illegal marriage due to violation of Point b, Clause 1, Article 8 of this Law.

- The following persons, agencies and organizations have, as prescribed by the civil procedure law, the right to request a court to annul an illegal marriage due to violation of Point a, c or d, Clause 1, Article 8 of this Law;

+ The spouse of a married person who gets married to another person; parent, child, guardian or another at-law representative of a person who gets married illegally;

+ The state management agency in charge of families;

+ The state management agency in charge of children;

+ The women’s union.

- When detecting an illegal marriage, other persons, agencies or organizations have the right to propose an agency or organization prescribed at Point b, c, or d, Clause 2 of this Article to request a court to annul such marriage.

As regulations above, sister doesn't have the right to request annulment of illegal marriage in Vietnam. You may ask the state management agency in charge of families, the state management agency in charge of children or the women's union to request the Court to annul the illegal marriage. Alternatively, you can advise your sister to file a petition with the Court to annul the illegal marriage.

What are legal consequences of the annulment of illegal marriage in Vietnam?

I have a question. What are legal consequences of the annulment of illegal marriage in Vietnam? Thank you!

Answer:

Illegally marriage means a man and a woman’s marriage already registered at a competent state agency in which either or both of them violate(s) the marriage conditions prescribed in Article 8 of this Law.

Pursuant to Article 12 of the Law on Marriage and Family in 2014 stipulating legal consequences of the annulment of illegal marriage as follows:

- When an illegal marriage is annulled, the two partners of such marriage shall stop their husband and wife relation.

- The rights and obligations of parents and children shall be settled according to provisions on rights and obligations of parents and children upon divorce.

- Property relations, obligations and contracts between the parties shall be settled according to Article 16 of this Law.

Best regards!