What conditions are required to register a second marriage in Vietnam? What is property division when breaking up without marriage registration in Vietnam?

What conditions are required to register a second marriage in Vietnam?

Hello. My husband has passed away for 10 years. Now I want to register my marriage for the second time with someone else, what are the requirements? Looking forward to your answer, thank you!

Reply:

A second marriage is when a person terminates the marital relationship according to a legally effective judgment or decision of the Court or terminates the marital relationship because the spouse dies or is declared dead by the court, now they proceed to register their marriage with another person.

When registering a second marriage, you must still ensure the marriage conditions as prescribed in Article 8 of the 2014 Law on Marriage and Family, specifically as follows:

1. A man and a woman wishing to marry each other must satisfy the following conditions:

a /The man is full 20 years or older, the woman is full 18 years or older;

b/ The marriage is voluntarily decided by the man and woman;

c/ The man and woman do not lose the civil act capacity;

d/ The marriage does not fall into one of the cases prescribed at Points a, b, c and d, Clause 2, Article 5 of this Law.

2. The State shall not recognize marriage between persons of the same sex.

Thus, the conditions for registering a second marriage include:

- Men and women of legal age to get married: Men are 20 years old or older, women are 18 years old or older;

- Marriage is completely voluntary by both parties;

- Both men and women do not lose their civil act capacity;

- Marriage does not fall under the following prohibited marriage cases:

+ Fake marriage, fake divorce;

+ Child marriage, forced marriage, fraudulent marriage, obstruction of marriage;

+ A married person who is married or living as husband and wife with another person or an unmarried person who is married or living as husband and wife with a married person;

+ Getting married or cohabitating as husband and wife between people of the same direct blood line; relatives within three generations; adoptive parent and adopted child; or former adoptive parent and adopted child, father-in-law and daughter-in-law, mother-in-law and son-in-law, or stepparent and stepchild.

Above is the entire content about the conditions for a second marriage that we provide to you.

What conditions are required to register a second marriage in Vietnam? What is property division when breaking up without marriage registration in Vietnam? (Image from the Internet)

Can a marriage certificate be issued for a same-sex marriage in Vietnam?

Near my house, there was just a same-sex wedding. I wonder if these two people will be granted a marriage certificate by the local government after getting married? Hope you will support me.

Reply:

According to Clause 5, Article 3 of the 2014 Law on Marriage and Family, marriage is defined as follows: 

5. Getting married means a man and a woman’s establishment of the husband and wife relation according to the provisions of this Law on marriage conditions and registration.

Article 8 of the 2014 Law on Marriage and Family stipulates the following conditions for marriage:

1. A man and a woman wishing to marry each other must satisfy the following conditions:

a /The man is full 20 years or older, the woman is full 18 years or older;

b/ The marriage is voluntarily decided by the man and woman;

c/ The man and woman do not lose the civil act capacity;

d/ The marriage does not fall into one of the cases prescribed at Points a, b, c and d, Clause 2, Article 5 of this Law.

2. The State shall not recognize marriage between persons of the same sex.

Thus, according to regulations in Vietnam, marriage is the establishment of a conjugal relationship between a man and a woman and the State does not recognize marriage between people of the same sex. Therefore, same-sex marriage is not recognized by the State, so a marriage certificate will not be issued.

We inform you.

What is property division when breaking up without marriage registration in Vietnam?

I am a worker working in Binh Duong. During my time here, I lived together as husband and wife with someone but did not register our marriage and bought a house. However, after a while we felt incompatible and broke up. So how are assets divided? Hope you will support me.

Reply:

According to Article 16 of the 2014 Law on Marriage and Family, it is stipulated:

1. Property relations, obligations and contracts between a man and woman cohabiting as husband and wife without marriage registration shall be settled under the partners’ agreement. In case there is no agreement, they shall be settled in accordance with the Civil Code and other relevant laws.

2. The settlement of property relations must ensure lawful rights and interests of women and children. Housework and other related work to maintain the cohabitation shall be regarded as income-generating labor.

Thus, when breaking up without a marriage certificate, the assets will be divided according to the agreement of both parties in Vietnam. In case it cannot be divided according to agreement, you can ask the court to adjudicate according to the provisions of the 2015 Civil Code.

We inform you.

Best regards!