Foreigners should know: Disputes when resolving divorce procedures in Vietnam

Disputes about divorce are common in marital and family relationships and are increasingly on the rise in modern life. Usually, in a divorce, if the parties cannot agree, some disputes may arise: disputes about marital relationships (emotions), disputes about child custody relationships, disputes about property relationships.

Disputes about divorce are common in marital and family relationships and are increasingly on the rise in modern life. Usually, in a divorce, if the parties cannot agree, some disputes may arise: disputes about marital relationships (emotions), disputes about child custody relationships, disputes about property relationships.

To address this issue, we have compiled some related content on resolving divorce disputes as follows:

1. Legal basis

• Civil Code 2015;
• Civil Procedure Code 2015;
• Marriage and Family Law 2014;
• Decree 126/2014/ND-CP guiding the implementation of the Marriage and Family Law;
• Resolution No. 02/2004/nq-hđtp, guiding the application of law in resolving civil, marriage, and family cases.

To understand the term 'divorce dispute', it is necessary to first understand the term 'divorce'. The concept of divorce can be broadly understood as ending a marital relationship based on a court decision after one or both parties in the marriage request it. In this case, all legal responsibilities and obligations of both the wife and husband in the marriage and other civil obligations will be terminated. The court is the only authority to decide to end the marital relationship of the couple.

Legally, the term 'divorce' is defined in Clause 14 of Article 3 of the Marriage and Family Law 2014 as follows: 'Divorce is the termination of the marital relationship by a court judgment or decision legally effective.' This is considered the most complete and accurate definition for setting out the concept of ending a marital relationship within the scope of the law.

Furthermore, discussing divorce disputes, Clause 1, Article 28 of the Civil Procedure Code 2015 stipulates that divorce falls under the category of matrimonial and family disputes within the jurisdiction of the court. Divorce disputes arise when the parties cannot agree to jointly resolve a particular issue regarding the legal rights and obligations of the parties in divorce. Thus, divorce disputes are understood as disputes about the legal rights, benefits, and legal obligations of the subjects in the legal marital and family relationship.

3.1 Disputes about child custody rights

In a divorce, disputes over child custody rights become a sensitive and complex issue. Article 81 of the Marriage and Family Law establishes some basic principles for resolving this issue reasonably and fairly.

Firstly, an agreement between the two spouses on who will directly care for the child after the divorce is a top priority. This agreement needs to clearly define the rights and obligations of both parties regarding the care and upbringing of the children. However, in the absence of an agreement, the court is the sole authority to decide this issue. The court will consider and decide on the direct child care based on the best interests of the child. This requires considering various factors such as:

Material factors: This factor is considered based on the financial ability of the father/mother. The party seeking custody must prove that they can provide adequate living conditions for the child, including food, accommodation, education, healthcare, and recreational activities. The ability to provide a fun, entertaining, and socially interactive environment is an important factor in ensuring the healthy development of the child.

Psychological factors: The child's psychological development also needs to be considered. This factor is based on the morals and ethics of the father/mother. Additionally, the dedication and ability to spend time caring for, educating, and nurturing the child are important factors.

• Stable living environment: Thus, the party seeking custody must ensure a stable living environment: it is not necessary to own real estate, but the right to use a stable home through borrowing or renting a house.
• Secondly, in cases where the child is 7 years old or older, the child's wishes are also considered in the process of resolving child custody rights. Children under 36 months are usually handed over directly to the mother, but this also depends on the capacity and conditions of the mother. In cases where the mother does not have the conditions for caring for, nurturing, and educating the child, or in cases where the parents have a different agreement more suitable for the child's interests, the court will consider and make a decision.

Foreigners should know: Disputes when divorcing in Vietnam

Learn about disputes when resolving divorce procedures in Vietnam and the things that foreigners need to consider.

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