Rules of procedure for divorce ...

Question:

My husband and I lived together in 2005, with overall assets and 01 general 03-year-old son, but we do not register their marriage because that time I was working away. But the family still held two wedding invites relatives and friends to cheer. So far, so irreconcilably divorced we want to do it? Expect consulting Law Firm help me?

Reply:

Pursuant to the Law on Marriage and Family in 2000 by the National Assembly of the Socialist Republic of Vietnam Xth Session 7 through June 9, 2000 regulates the registration of marriage as follows:

Article 11: Marriage

1 The marriage must be registered and issued by the competent State (hereinafter referred to as the marriage registration authority) shall comply with the formalities provided for in Article 14 of this law.

All marriage ceremonies not prescribed in Article 14 of this law have no legal value.

Men and women do not register their marriage and lived together as husband and wife are not legally recognized as husband and wife.

The couple divorced to marry together well to register their marriage.

2 The government regulates the registration of marriages in the remote

As stipulated by law, the relationship of the two of you are not recognized as husband and wife relationship. So if you want to end the relationship mentioned above, the relationship: "Men and women do not register their marriage and lived together as husband and wife", then either party may request the Court to adjudicate (under the authority 's Court - Article 28 of the civil Procedure Code 2004).

But in the process of handling the case, the court also considered the following conditions:

- In case the marriage registration no formal provisions of Article 14, the marriage has no legal value, if requested annulment of illegal marriages, although there is a violation of married conditions specified in Article 9, the court did not declare the marriage illegal destruction which apply paragraph 1 of Article 11 claims not to recognize them as husband and wife.

- For the case of marriage when one party or both parties have not yet reached the age of marriage is a violation of the marriage conditions specified in point 1 of Article 9, however, that the case may be decided as follows:

+ If the time requested annulment of unlawful marriage that one side or both sides still have not reached the age of marriage, the decision to cancel the marriage is unlawful.

+ If the time requested annulment of unlawful marriage but both parties have reached the age of marriage, but their lives during the past no happiness, no emotional couple, the decision annulment of unlawful marriage.

+ If the time requested annulment of unlawful marriage both parties have reached the age of marriage, the last time they were living together, have children, have no common property, the annulment of the decision unlawful marriage. If conflicts arise and require the Court to adjudicate a divorce, the court accepted the case to resolve divorce under the general procedure.

Thus, your case will be declared the Court does not recognize the spousal relationship, as part of the common resolve and common property in accordance with law.