In Vietnam, is it necessary to separate before getting divorced?
In Vietnam, is it necessary to separate before getting divorced? When the court decides to divorce, the marriage relationship also ends?
Hi, Editor, I have a problem that needs to be solved. My mom and dad have been separated for half a year now because Dad used to drink, but every time he drank, he beat her up. My mom and I have been Grandma's house for a while but sometimes Dad is drunk and he still comes to Grandma's house and bothers her and her parents a lot. I don't want to see her in this situation all the time. Why is it that you keep separating without a divorce to keep your dad from getting involved? I wonder if there is the law on separation before getting a divorce?
Looking forward to the Editor's response to this issue, thank you very much.
In Vietnam, is it necessary to separate before getting divorced?
Pursuant to Article 56 of the Law on Marriage and Family 2014 stipulating divorce at the request of a party as follows:
1. 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.
2. When the spouse of a person who is declared missing by a court requests a divorce, the court shall permit the divorce.
3. For request for a divorce under Clause 2, Article 51 of this Law, a court shall permit the divorce if it has grounds to believe that the domestic violence committed by one spouse seriously harms the life, health or spirit of the other.
Thus, according to the current law, there is no provision for separation and divorce in Vietnam. Your mother just needs to prove how violent your father is against her, how bad her marriage life is, then she can get a divorce.
In Vietnam, when there is a divorce decision of the court, the marriage relationship also ends?
Article 57 of the Law on Marriage and Family 2014 stipulates the time of termination of marriage and the responsibilities for sending divorce judgments/decisions as follows:
1. The marriage relation shall terminate on the date a court’s divorce judgment or decision takes legally effective.
2. The court that has settled a divorce shall send the legally effective divorce judgment or decision to the agency registering such marriage for recording in the civil status register; the divorced partners; and other persons, agencies and organizations as prescribed by the Civil Procedure Code and other relevant laws.
Therefore, in Vietnam, according to the above provisions, when the divorce decision of the Court takes effect, then the marriage relationship is officially terminated.
Best Regards!
