If my husband borrowed money before the divorce, will I have to pay the debt in Vietnam? Do I have right to fully raise my 8 month old baby when I divorce in Vietnam?

If my husband borrowed money before the divorce, will I have to pay the debt in Vietnam?

Due to too many conflicts, my husband and I decided to go for a divorce, we have agreed on common child rearing as well as common property, The decision to agree to divorce has been made, and now I know one problem is before that (during the marriage) due to business problems, my husband borrowed a large amount of money, now he cannot pay, I don't know if I am divorced, do I have to be jointly responsible for the debt payment?

Reply:

To know if you have to jointly pay that loan or not, you should clearly determine, during the marriage, what does your husband use for the loan?

- If to meet the essential needs of the family. (Article 30 of the Law on Marriage and Family 2014)

- Or perform other transactions made in conformity with provisions on representation between husband and wife (Article 24, Article 25, Article 26 Law on Marriage and Family 2014). Husband and wife do joint business, then the transaction is done by the husband or wife according to the intentions and wishes of both husband and wife. When the property is used for business purposes, the husband and wife are jointly responsible for performing their obligations towards a third party in the property relationship.

Therefore, according to the provisions of Article 27 of the Law on Marriage and Family 2014 in Vietnam, if falling into one of the above cases, this is a common obligation of husband and wife.

Do I have right to fully raise my 8 month old baby when I divorce in Vietnam?

I would like to ask, in the case of divorce by mutual consent, will the common child under 36 months of age have full custody of the mother (normal mother), if the wife unilaterally divorces in the case of being kicked out of the house by the husband (evicted from the family. When the mother leaves the house, the mother also goes but the husband's family does not allow the child to accompany her) when the child is 8 months old, will the mother after going to court take her child home and have full custody of the child?

Reply:

According to the provisions of the Law on Marriage and Family 2014, a husband, wife or both have the right to request a court to settle a divorce. 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.

According to the information you provided to us, you were kicked out of the house by your husband - It is possible to determine that the husband has seriously violated the rights and obligations of the wife and husband, causing the marital status seriously deteriorates the marriage and makes their common life no longer impossible and the marriage purposes unachievable.

Therefore: You have the right to ask the Court to resolve a divorce at the request of one spouse in accordance with the law without having to obtain divorce consent from the husband in Vietnam.

After a divorce, parents still have the right and obligation to look after, care for, raise and educate their minor children and adult children who have lost their civil act capacity or are unable to work and are unable to gain property to support themselves in Vietnam.

Husband and wife agree on the person directly raising the child, obligations and rights of each party after the divorce towards the child; in case no agreement can be reached, the Court shall decide to assign the child to one party to directly raise it based on the child's interests in all aspects; if the child is full 07 years old or older, the child's wishes must be considered.

According to Clause 3, Article 81 of the Law on Marriage and Family 2014 provides:

3. A child under 36 months of age shall be directly raised by the mother, unless the mother cannot afford to directly look after, care for, raise and educate the child or otherwise agreed by the parents in the interests of the child.

Thus: Based on the above-cited regulations in Vietnam, in principle, the raising of children under 36 months old will be agreed upon by the parents themselves in the spirit of the interests of the child. In case the parents do not agree or can not reach an agreement, the child under 36 months old will be assigned to the mother to directly raise.

Therefore: For the case that you provide to us, you and your husband should agree on raising a child (aged 8 months). If you and your husband cannot agree on who will directly raise the child, in principle, the 8-month-old child will be assigned to you by the Court in Vietnam.

However, if you are not eligible to directly look after, care for, raise and educate your child, the Court may consider handing over your child under 36 months of age, handing over the child to the child's father or another person who meets the requirements to take care of the baby for the benefit of the baby in Vietnam.

If I am Vietnamese and want to get a divorce from my husband who is a foreigner and is currently abroad, where should I file for divorce?

My husband and I have been married for 5 years, however, due to an unsuccessful marriage, we now have a divorce, we have no children together, but the problem is that my husband is a foreigner and is currently abroad, I'm in Vietnam, so let me ask: now where to file for divorce?

Reply:

Article 127 of the Law on Marriage and Family 2014 provides:

1. Divorce between a Vietnamese citizen and a foreigner or between two foreigners permanently residing in Vietnam shall be settled at a competent Vietnamese agency in accordance with this Law.

2. In case a partner being a Vietnamese citizen does not permanently reside in Vietnam at the time of request for divorce, the divorce shall be settled in accordance with the law of the country where the husband and wife permanently co-reside; if they do not have a place of permanent co-residence, the Vietnamese law shall apply.

3. The settlement of a divorced couple’s immovables in a foreign country must comply with the law of the country where such immovables are located.

According to Article 35 and Article 37 of the 2015 Civil Procedure Code, if the husband is a foreigner and is living abroad, the party wishing to request divorce settlement shall make a divorce application and send it to the provincial court of permanent residence to request settlement in Vietnam.

** Divorce file includes:

- Petition for unilateral divorce (according to the form);

- The original marriage registration certificate;

- 01 certified copy of household registration book of the couple;

- 01 certified copy of ID card/passport of the couple;

- A copy of the child's birth certificate (if any);

- Other documents and evidences evidencing common property (if any).

Here is the consultation. Hope this information will help you.

Best regards!