Lawyers on Divorce Procedure Consultation

The prestige lawyers in Hanoi provides five Q&As relating to marriage and family laws and regulations.

Dragon Law Firm with prestige lawyers provides five Q&As relating to marriage and family laws and regulations.

Question 1: What is Divorce?

Answer: Lawyer on marriage and family consultation:

The right to divorce is termination of the husband and wife relation under a court’s legally effective judgment or decision or under decision required by the wife or the husband or the spouses.

Question 2: Who has the right to request the court for divorce settlement?

Answer: Lawyer on marriage and family consultation:

Husband or wife or spouses may demand a court for divorce settlement. In case the wife is pregnant or raising children under 12 months of age, the husband has no right to demand a divorce.

Question 3: Evidence for court to decide divorce

Answer: Lawyer on marriage and family consultation:

Based on the severe common life condition between husband and wife cannot prolong the purpose of marriage which is not achieved:

- Spouse do not love, care and help each other, ignore each other;

- Spouse are always abusive, insulting each other, insulting to the dignity, honor and reputation of another;

- Spouse are unfaithful to each other;

- Spouse have been conciliated but still continue the above situation.

The purpose of marriage is not to achieve means the spouse do not have feelings, gratitude of the spouse, husband and wife are not equal in terms of rights and obligations, the spouse do not respect the honor and religious freedom of the other, the couple do not help each other to develop in all aspects.

Divorce with the person who was declared as the missing by the court:

- He is disappeared for 02 years with no reliable information that is alive or dead, and has been applied the full measures to announce, look for as prescribed.

Question 4: Divorce letter written by husband or wife without the signature of the other person can be accepted by the court for divorce settlement?

Answer: Lawyer on marriage and family consultation:

Husband and wife have the right to request the court for divorce settlement so that a divorce letter may be the common letter by the spouse or by separate wife or husband. However, whoever writes the divorce letter will have the person’s own signature. Court has still resolved a divorce letter when the husband or wife of the requester does not sign in the divorce letter.

Question 5: Husband requests for divorce settlement when the wife is pregnant or raising children under 12 months of age, how does the court settle?

Answer: Lawyer on marriage and family consultation:

In order to protect the fetus, newborns of pregnant women, women who are pregnant and who are raising children under 12 months of age, the Law on Marriage and Family regulated that the husband has no right to request the court for divorce when the wife is pregnant or nursing children under 12 months of age, irrespective of who the wife is pregnant with or who the father of child under 12 months of age is.

In case of the husband's divorce letter, the court will return the application if the court still does not handle and will explain to the husband the above regulations. At the same time the court will notice the decision to suspend the case resolution (if the husband withdraws the request letter of divorce). When the court rejects the letter for divorce, after one year the husband has the right to continue to apply for a divorce if he still wishes.

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