Ms. P.T.T and Mr. N.V.B have been married for 2 years. However, recently Mr. B wishes to divorce Ms. T, even though Ms. T is 4 months of pregnant. In this case, does Mr. B have the right to request a divorce?
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Is the husband not allowed to request a divorce in Vietnam while his wife is pregnant? (Illustrative photo)
Regarding this matter, LawNet would like to answer as follows:
According to Clause 14, Article 3 of the 2014 Law on Marriage and Family, a divorce is the termination of the marital relationship according to a legally effective court judgment or decision.
Article 51 of the 2014 Law on Marriage and Family stipulates the right to request a divorce by the husband or wife in Vietnam as follows:
1. The husband, the wife, or both have the right to request a court to resolve the divorce.
2. Parents or other relatives have the right to request the court to resolve the divorce if one spouse is mentally ill or has another disease that prevents them from being aware of or controlling their behavior, and is also a victim of domestic violence caused by their spouse, which seriously affects their life, health, or spirit.
3. The husband does not have the right to request a divorce if the wife is pregnant, giving birth, or raising a child under 12 months old.
Therefore, according to the above regulation, in this case, Mr. B does not have the right to request a divorce because Mrs. T is 4 months pregnant. If Mr. B wants to file for a unilateral divorce, he must wait until Mrs. T gives birth and the child is over 12 months old, at which point the court will process Mr. B’s request.
Additionally, the law only restricts the husband's right to request a divorce when the wife is pregnant, giving birth, or raising a child under 12 months old, and does not restrict the wife’s right to request a divorce. Hence, based on Article 56 of the 2014 Law on Marriage and Family, the wife, even if pregnant, still has the right to request the court to resolve a divorce if:
- There are grounds for the husband’s domestic violence or serious violation of the rights and obligations of the wife, making the marriage seriously problematic, the common life unbearable, and the purpose of marriage unachieved;- If the husband of the person declared missing by the court requests a divorce, the court shall resolve the divorce;- There are grounds for the husband's domestic violence seriously affecting the life, health, or spirit of the other person.
Ty Na
