What are regulations on divorce by mutual consent in Vietnam? Is it against the law for having sex after the divorce in Vietnam?

Is it necessary to settle the divorce the court if a man and a woman don't register marriage in Vietnam?

I and my lover have lived together from 2017 to present. Currently, there is a conflict, we want to have a divorce, do we have to settle it at the court? We don't have marriage registration and children.

Answer:

Pursuant to Clause 2 Article 53 of the Law on Marriage and Family in 2014 stipulating acceptance of divorce petitions  as follows:

For a couple who has not registered their marriage but requests a divorce, the court shall accept the case and declare non-recognition of their spousal relationship under Clause 1, Article 14 of this Law; and shall settle any children- or property-related requests according to Articles 15 and 16 of this Law.

As regulations above, if you request a divorce, the court shall accept the case and declare non-recognition of your spousal relationship. If the two of you have property, it will be settled by agreement. If you cannot reach an agreement, you have the right to initiate a lawsuit in another civil case.

What are regulations on divorce by mutual consent in Vietnam?

My husband and I do not get along because my husband is very jealous and suspicious of me. I have explained many times but things are still going in the wrong direction. The culmination was that once my husband hit me when he was angry. I realized that our married life could not be repaired, so we decided to divorce. What documents do we have to prepare for a divorce by mutual consent? Thank you!

Answer:

Pursuant to Article 55 of the Law on Marriage and Family in 2014 stipulating regulations on divorce by mutual consent in Vietnam as follows:

When both spouses request a divorce, a court shall recognize the divorce by mutual consent if seeing that the two are really willing to divorce and have agreed upon the property division, looking after, raising, care for and education of their children on the basis of ensuring the legitimate interests of the wife and children. If the spouses fail to reach agreement or have reached an agreement which -fails to ensure the legitimate interests of the wife and children, the court shall settle the divorce.

Dossier for divorce by mutual consent include:

- Dossier of divorce by mutual consent

+ Marriage registration certificate (original);

+ Application for confirmation of the place of residence of the couple;

+ ID card and household registration (certified true copy);

+ Birth certificates of children (copy);

+ Other documents

Pursuant to Clasue 4 Article 397 of the Criminal Procedure Code in 2015 stipulating mediation and recognition of voluntary divorces and agreements on child custody and property division upon divorces as follows:

If the mediations are not successful, the Judges shall make decisions to recognize the voluntary divorces and agreements between involved parties as provided for in Article 212 of this Code in the following conditions are fully satisfied:

a) The two sides really volunteer to divorce;

b) The two sides have reached agreements on whether or not to divide the common properties, on the care, rearing and education of their children;

c) Such agreements ensure the legitimate interests of the wives and their children.

The decision on recognition of consent to divorce takes legal effect immediately, the parties do not have the right to appeal, and the Procuracy has no right to protest according to the appellate order.

Thus, the condition for requesting recognition of consent for divorce is that at the time of writing, signing and submitting the application, husband and wife voluntarily divorce and have agreed on:

- Agree to terminate the marriage relationship between the two parties;

- The right to directly raise children, support (or voluntarily do not ask the court to resolve);

- Common property and common debt.

The content of the husband and wife's agreement is also considered to ensure the legitimate interests of the wife and children upon divorce.

Is it against the law for having sex after the divorce in Vietnam?

My married life is not harmonious, so I have been divorced since August 2019. However, my ex-husband often came to my mother's house to look for me to talk. Then, one day, I was alone at home when he sneaked in, threatened me with a knife and had sex with me. I don't know if I can sue him. What crime can I sue him? Thank you!

Answer:

Pursuant to Clause 14 Article 3 of the Law on Marriage and Family in 2014 stipulating as follows:

Divorce means termination of the husband and wife relation under a court’s legally effective judgment or decision.

Pursuant to Clause 1 Article 141 of the Criminal Code in 2015 stipulating rape as follows:

Any person who uses violence or threatens to use violence or takes advantage of the victim's defenselessness or otherwise engages in non-consensual sexual intercourse or other sexual activities shall face a penalty of 02 - 07 years' imprisonment.

Thus, the divorce event has ended the marital relationship between you and him which means that you are not his wife and he is not your husband either.

Because he uses force, threatens to use force to force you to have sex, you need to report that behavior to the police to get it resolved.

Best regards!