Conditions for the unilateral divorce

Conditions for the unilateral divorce

Conditions for the unilateral divorce

Divorce is a common legal event that occurs in daily life. Nowadays, it can be seen that the modern way of life is spreading in the society and the rate of the shaterred marriages increases. There are many reasons for this situation: domestic violence, adultery, etc. Unilateral divorce is a solution for a spouse who was hurt seriously by the other in the marriage. This article will provide people with conditions for unilateral divorce in accordance with the provisions of Vietnamese law

 

* Legal grounds:

- Article 51 and 56 of the Law on Marriage and Family 2014

 

* Unilateral divorce conditions:

- When a spouse requests a divorce but the Court failes to conciliate the case, the Court shall resolve the divorce if there are grounds to believe that a spouse commits acts of domestic violence or seriously violates the rights and obligations of the husband or wife, which can make marriages fall into grave situations, their common life can not continue, the purpose of marriage unachievable.

 

- In case when the spouse of a person who is declared missing by the Court requests a divorce, the Court shall resolve a divorce.

 

- In case the parents or other relatives of a spouse request the Court to settle the divorce when one spouse having mental illnesses or another disease so he or she can not be aware of or control his or her own behavior, and is concurrently also a victim of domestic violence caused by her or his spouse, the Court shall accept them to divorce if there are grounds to believe that her or his husband or wife has domestic violence action which seriously affect the life, health and mental of the other.

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