THE RIGHT TO REQUEST SETTLEMENT OF DIVORCE

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"AN NGUYÊN - AN TÂM GỬI TRỌN NIỀM TIN"

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"AN NGUYÊN - AN TÂM GỬI TRỌN NIỀM TIN"

THE RIGHT TO REQUEST SETTLEMENT OF DIVORCE

Law No.  52/2014/QH13 on Marriage and Family approved by the National Assembly on June 19, 2014 (“Law on Marriage and Family 2014”) took effect on January 1, 2015 and replaced Law on Marriage and Family Law No.22/2000/QH10 issued on June 09, 2000 (“Law on Marriage and Family 2000”). Accordingly, Law on Marriage and Family 2014 was modified and supplemented a number of regulations on divorce. One of the highlights is the subjects who has the rights to request a divorce solve.

Law on Marriage and Family 2000 stipulates that husband or wife or both shall have the right to request the people’s court to settle their divorce. Meanwhile, in addition to the subjects as stipulated in Law on Marriage and Family 2000, Law on Marriage and Family 2014 stipulates that parents, other relatives of such subjects shall have the right to request the court to settle their divorce in case especially when a spouse: (i) unable to perceive and control his/her acts due to a mental disease or another disease and is concurrently; (ii) victim of domestic violence caused by his/her spouse which seriously harms his/her life, health or spirit.divorce solve.  This point will solve insufficient points under Law on Marriage and Family 2000 for the cases that a spouse has psychiatric, abused and tortured by other but she/he has not enough legal status to request the people’s court to solve the divorce under the Civil Procedure Code.

To be continued inheriting the provisions on protecting the rights of the women during the pregnant time and bring up babies under Law on Marriage and Family 2000, Law on Marriage and Family 2014 still stipulates that “husband has no rights to request to divorce in  case that his wife has pregnant, babies or bringing up babies who have age under 12 months”

>>> Welcome to read the next Legal Alert on property division upon divorce.

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