Marriage Law consulting

WHOSE LAST NAME WILL THE CHILD HAVE IF THE MARRIAGE HAS NOT BEEN REGISTERED?

Table of Contents Overview of the Birth Certificate Whose last name will the child have if the marriage has not been registered? 1. Overview of the Birth CertificateAccording to Clause 6, Article 4 of the 2014 Civil Registration Law, a birth certificate is defined as a document issued by a competent state authority to an […]

In what cases is unilateral divorce allowed according to the law?

1. Conditions for unilateral divorce a. What is unilateral divorce? Unilateral divorce (divorce at the request of one party) is when one spouse wishes to end the marriage without the consent of the other party. Unlike a consensual divorce, when both parties agree to end the marriage, a unilateral divorce usually occurs when one party […]

CAN YOU GET A DIVORCE FROM A HUSBAND WHO IS ABSENT OR MISSING?

Table of Contents 1. Conditions for declaring a person missing 2. Jurisdiction to resolve divorce with a husband who has absconded or gone missing 3. Divorce records for missing persons 4. How are assets resolved? 1. Conditions for declaring a person missing According to Clause 1, Article 68 of the 2015 Civil Code, the Court […]

DO PASSBOOK HAS TO BE DIVIDED AFTER DIVORCE?

A broken marriage is undesirable but it always happens and the issue that many people are concerned about when going to court is the division of assets, including the division of passbook. So, do passbook has to be divided in half after a divorce? Table of Contents 1. What are common property and separate property? […]

HOW IS THE EVASION OF SUPPORT OBLIGATIONS HANDLED?

TABLE OF CONTENTS 1. What is support? 2. How does the law regulate support? 3. Penalties for evasion of support obligations 3.1 Administrative penalties 3.2 Criminal penalties 1. What is support? According to Clause 24, Article 3 of the 2014 Law on Marriage and Family, “24. Support means an act whereby a person has the […]

HOW TO DIVIDE THE RIGHT TO USE LAND OF A HUSBAND AND WIFE IN DIVORCE?

Currently, it is common for divorced couples to have disputes over the division of land and houses. So according to the provisions of the current Law on Marriage and Family, how is the division of land use rights, the common property of husband and wife, in divorce carried out? Table of Contents 1. What is […]

IS ADULTERATIVE AFFAIR A PUNITIVE?

Adultery is not only an act of violating ethics but also a violation of the law. In Vietnam, only monogamous marriages are recognized. Living together or having a relationship with another person while having a husband or wife is prohibited. Table of Contents 1. What is adultery? 2. Legal regulations on marriage 3. Penalties for […]

IS LAND GIVEN DURING MARRIAGE COMMON OR SEPARATE PROPERTY?

Question: After getting married, my biological father gave me a house and I was named on the ownership certificate. Now my husband and I are in conflict, leading to divorce. The common property has been agreed upon, but my wife wants to divide the house on the grounds that it was given to her during […]

CAN I AUTHORIZE SOMEONE ELSE TO PERFORM DIVORCE PROCEDURES?

Table of Contents 1. What is divorce? 2. Authority to resolve divorce 3. Can I authorize someone else to carry out divorce procedures? 1. What is divorce? According to Clause 14, Article 3 of the Law on Marriage and Family 2014, “Divorce means termination of the husband and wife relation under a court’s legally effective […]

WHAT DOES THE LAW SPECIFY ON SAME-SEX MARRIAGE?

Table of Contents 1. What is same-sex marriage? 2. Is same-sex marriage recognized by Vietnamese law? 3. Does the law allow gender transformation? 1. What is same-sex marriage? Currently, the law does not regulate the concept of same-sex marriage. This term appears when there are people who support or oppose the LGBT community (an abbreviation […]