In recent years, the divorce rate has continued to increase significantly, and this partly reflects the changing trends in thinking and values of modern society. It can also be understood that, under the pressure of modern life, people face many pressures and challenges, from stressful work, difficulties in balancing family and personal life, to financial problems. Financial problems or irreconcilable differences between two people.
What is divorce?
Clause 14, Article 3 of the 2014 Law on Marriage and Family explains that divorce is the termination of the marital relationship according to a legally effective judgment or decision of the Court. Thus, divorce is the termination of the marital relationship according to a legally effective judgment or decision of the Court
Which cases of divorce are prohibited?
According to the provisions of the Law on Marriage and Family 2014, specifically prohibited cases of divorce are as follows:
– Fake divorce: Accordingly, fake divorce is taking advantage of divorce to avoid property obligations, violate population policies and laws, or to achieve other purposes that are not intended to end. end marriage.
– Forced divorce, fraudulent divorce, obstruction of divorce; in there:
+ Forced divorce is the act of threatening, mentally intimidating, torturing, mistreating, demanding property or other acts to force another person to divorce against their will.
+ Obstructing divorce is threatening, mentally intimidating, torturing, mistreating, demanding property or other acts to force another person to maintain a marital relationship against their will.
Does the subject have the right to request a divorce?
Requesting a divorce settlement is specifically regulated, not everyone has the right to request a divorce settlement.
According to the provisions of Article 51 of the Law on Marriage and Family 2014, the person with authority to request divorce settlement is:
– The husband, wife or both have the right to request the Court to resolve the divorce.
– Father, mother, and other relatives have the right to request the Court to resolve a divorce when one spouse, due to mental illness or another illness, cannot perceive and control his or her behavior, and at the same time are victims of domestic violence caused by their husbands and wives, seriously affecting their lives, health, and spirit.
– The husband does not have the right to request a divorce in case the wife is pregnant, has given birth or is raising a child under 12 months old.
Thus, the person who has the right to request a divorce is the wife, husband or related third person (father, mother, other relative). However, if the wife is pregnant, has given birth or is raising a child under 12 months old, the husband is not allowed to divorce.
