If I am 22 years old, can I request settlement of divorce on my mother's behalf in Vietnam?

If I am 22 years old, can I request settlement of divorce on my mother's behalf in Vietnam?

I'm 22 years old this year, I see that my parents' life is not happy, my mother has suffered too much. So I want to make divorce application myself and send it to the Court to request a divorce settlement on my mother's behalf?

Reply:

Article 51 of the 2014 Law on Marriage and Family stipulates the right to request settlement of divorce as follows:

1. Husband or wife or both has or have the right to request a court to settle their divorce.

2. A parent or another next of kin of a spouse has the right to request a court to settle a divorce when the spouse is unable to perceive and control his/her acts due to a mental disease or another disease and is concurrently a victim of domestic violence caused by his/her spouse which seriously harms his/her life, health or spirit.

3. A husband has no right to request a divorce when his wife is pregnant, gives birth or is nursing an under-12-month child.

According to this Article, other relatives have the right to request the Court to resolve a divorce when one spouse, due to mental illness or another illness, cannot perceive and control his or her actions and is at the same time a victim of domestic violence committed by their husbands and wives seriously affect their lives, health, and spirit in Vietnam.

And Clause 19, Article 3 of the 2014 Law on Marriage and Family stipulates:

19. Next of kin include people with marriage relation or raising relation, people of the same direct blood line and relatives within three generations.

=> According to the above regulations in Vietnam, you (the child) have right to request the Court to resolve the divorce if your mother has a mental illness or another illness that makes her unable to perceive and control her behavior and is also a victim. The cause of domestic violence caused by your father seriously affects your mother's life, health, and spirit.

If I am 22 years old, can I request settlement of divorce on my mother's behalf in Vietnam? (Image from the Internet)

If my wife lives with another person after divorce, can I regain custody of our children in Vietnam?

My wife and I have been divorced for more than a year, then my wife brought another man to live together as husband and wife. So can I regain custody of my children because when I divorce, the court gives my 2 children to my wife to raise and I pay 3 million in monthly support.

Reply:

Clause 1, Clause 2, Article 84 of the 2014 Law on Marriage and Family stipulates the change of person directly raising children after divorce as follows:

1. At the request of a parent or a person or an organization prescribed in Clause 5 of this Article, a court may decide to change the person directly raising a child.

2. Change of the person directly raising a child shall be settled when there is one of the following grounds:

a/ The parents agrees on change of the person directly raising a child in the interests of this child;

b/ The person directly raising the child no longer has sufficient conditions to directly look after, care for, raise and educate the child.

=> Based on this regulation in Vietnam, you can change the person raising the child if:

- You and your husband agreed to change the person raising the child to you.

- If an agreement cannot be reached, the husband can request to change the person raising the child if the wife is no longer qualified to directly look after, care for, raise and educate the child.

It is unclear whether your wife living with another man after the divorce will affect her ability to care for and raise the child? If because of living with another man, your wife does not take care of the child, or the conditions regarding time, expenses,... are not guaranteed for the child, you can sue the Court to regain custody of the child.

Is it mandatory to have conciliation at the commune before requesting settlement of divorce in Vietnam?

I want to unilaterally divorce my husband, and am planning to apply to the Court. But I heard that you have to go to the ward for reconciliation first and have a minutes of reconciliation before you can file for divorce, is that true?

Reply:

Article 52 of the 2014 Law on Marriage and Family stipulates:

- 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.

According to this regulation in Vietnam, conciliation at the commune/ward is encouraged when the couple requests a divorce. It also means that conciliation is not mandatory.

So in your case, you are not required to reconcile at the commune/ward before filing for divorce. You can apply to the competent People's Court to request a divorce settlement in Vietnam.

Best regards!