Is proof that the husband is having an affair considered an advantage for the wife when divorcing in Vietnam?

Is proof that the husband is having an affair considered an advantage for the wife when divorcing in Vietnam?

I discovered my husband was having an affair and bought a house for his mistress. I want to divorce, but now I am completely dependent on my husband financially. I resign when my second child was born. If I want to be sure that I will be able to raise my child after the divorce, what do I need to prepare? According to the Marriage and Family Law 2014, will collecting evidence of my husband's adultery be to my advantage when we go to court for a divorce?

Reply:

According to Article 56 of the Law on Marriage and Family 2014, it is stipulated:

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.

In case your husband commits adultery, this is the basis for the Court to grant a divorce and it can be affirmed that it is an advantage for you in gaining custody of the children.

In addition, you should note additional principles if 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 (Clause 3, Article 81 of the Law on Marriage and Family 2014).

Although the person who does not directly raise the child has the obligation to provide support, because you are currently unemployed, it is necessary to ensure your own life, as well as have a basis to prove your economic stability. Then you should look for a suitable job before suing for child custody in Vietnam.

Is proof that the husband is having an affair considered an advantage for the wife when divorcing in Vietnam? (Image from the Internet)

If a wife doesn't know about her husband's debt, is she responsible for paying it after divorce in Vietnam?

My sister and her brother-in-law have been married for 5 years and have two children together. Currently, the two have agreed to divorce. Regarding the common child, they have reached an agreement. As for assets, my sister recently discovered that her husband owed Mr. Hung 100 million VND. So, after the divorce, will my sister and her ex-husband be responsible for paying 100 million VND to Mr. Hung?

Reply:

Pursuant to Clause 2, Article 27 of the Law on Marriage and Family 2014 on joint liability of husband and wife, it is specifically stipulated as follows:

2. Husband and wife shall take joint liability for the obligations prescribed in Article of this Law.

According to Article 37 of the Law on Marriage and Family 2014 has the following provisions:

Husband and wife have the following common property obligations:

1. Obligations arising from transactions established under their agreement, obligations to pay damages under their joint liability as prescribed by law;

2. Obligations performed by a spouse in order to meet the family’s essential needs;

3. Obligations arising from the possession, use and disposition of common property;

4. Obligations arising from the use of separate property for maintaining and developing common property or for generating major incomes for the family;

5. Obligations to pay damages caused by their children as prescribed by the Civil Code;

6. Other obligations as prescribed by relevant laws.

Thus, you and your wife must be jointly liability for the obligations specified in Article 37 above.

Pursuant to Article 60 of the Law on Marriage and Family 2014, it is specifically stipulated as follows:

1. Property rights and obligations of husband and wife toward a third party remain effective after divorce, unless otherwise agreed by husband and wife and that party.

2. When a dispute arises over property rights and obligations, the settlement of such dispute must comply with Articles 27, 37 and 45 of this Law and the Civil Code.

In short, after the divorce, your sister is still jointly liability with her ex-husband to pay 100 million VND to Mr. Hung if her husband can prove that the 100 million VND he borrowed from Mr. Hung was to repay Mr. Hung. Meet the family's essential needs or create the family's main source of income in Vietnam.

Above is the consultation content that we responded to.

Can a pregnant wife divorce her husband in Vietnam?

I have questions and would like to ask you to answer them. Specifically, let me ask: Can a pregnant wife divorce her husband? Hope to receive a response soon. Thank you!

Reply:

In Article 51 of the Law on Marriage and Family 2014, there are regulations on 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.

Thus, according to this regulation in Vietnam, when the wife is pregnant, the husband will not have the right to request a divorce from his wife, but the wife can completely request a divorce from her husband.

Best regards!