LEGAL CONSEQUENCES OF UNILATERAL DIVORCE
Divorce is a complex issue, affecting not only the direct rights and interests of the spouses and children but also other social relationships related to the marital relationship. Unlike amicable divorces, rights and obligations concerning personal matters, assets, and legal consequences in the case of unilateral divorce tend to be more complicated due to the absence of mutual consent from the other party in the marital relationship. In this article, TNTP will analyze the legal consequences of unilateral divorce based on the provisions of the law.
1. Marital relationship
The relationship between husband and wife not only includes the rights and obligations of studying, working, political, economic, and cultural activities… but also the duty of sticking together, loving, respecting, and protecting each other.
Divorce in general and unilateral divorce in particular will legally terminate personal relationships. After this, husband and wife are no longer bound and dependent on each other to perform the above obligations. The termination of personal relationships will not depend on the parties’ agreement but will occur after the legal and effective judgment of the Court.
2. Property relations
In the case of a unilateral divorce lawsuit accompanied by a request to divide common property during the marriage, the Court will prioritize resolving the case based on the agreement and mutual consent of the parties. If the parties cannot reach an agreement, the Court will proceed to settle the property division request and the divorce petition according to legal regulations.
According to the provisions of the 2014 Law on Marriage and Family and the 2015 Civil Code, the division of property between husband and wife is carried out as follows:
– Separate property: A spouse’s separate property belongs to that person, except in cases where the individual property has been merged into a common property;
– Common property: In principle, the common property of husband and wife is divided equally but taking into account the following factors: Family circumstances of the spouses; The contributions of each spouse to the establishment, maintenance, and growth of the common property; and The fault of each party in violating the rights and obligations of the spouses.
During the property division process, the law protects the rights and legitimate interests of the wife, minor children, adult children who have lost civil act capacity or those who are unable to work and have no assets to rely on to support themselves.
3. Relationship between father, mother and children
The personal relationship between husband and wife is terminated, but the parties still have obligations towards their children. According to Article 81 of the 2014 Law on Marriage and Family, the provisions for looking after, caring for, raising and educating and financial supporting for children after divorce are as follows:
– Husbands and wives can agree on the person directly responsible for raising the child, as well as the obligations and rights of each party regarding the child after divorce. In cases no agreement can be reached, the Court will decide to assign the child to one party for direct raise based on the child’s interests in all aspects;
– If the child is full seven years old or older, his/ her desire shall be considered. A child under 36 months of age shall be directly raised by the mother, unless the mother cannot afford to directly look after, care for, raise and educate the child or otherwise agreed by the parents in the interests of the child;
– The person who does not directly raise the child after divorce has the obligation to support the child and must respect the child’s right to live with the person who directly raises the child. However, if the latter takes advantage of his/her visit to and care for the child to obstruct or adversely affect the looking after, care for, raising and education of this child, the parent who directly raises a child has the right to request the Court to restrict the right of the other parent who does not directly raise this child.
Note: The Court will summon children from 7 to under 18 years old to testify about their desire to live with their parents.
Above are TNTP’s legal shares about the legal consequences of unilateral divorce. Hopefully, through this article, TNTP can help you better understand this issue. If you have any questions, please contact TNTP for more specific advice.
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