Marriage Separation and the legal framework governing separation

Marriage Separation and the legal framework governing separation

Marriage, often considered a sacred bond, can face turbulent times, leading couples to contemplate separation. In the context of Vietnamese law, understanding the legal nuances of marriage separation is vital. This article explores the intricacies of marriage separation in Vietnam, delving into the legal process and essential considerations for couples seeking this path. In this article, Apolo Lawyers ((+84) 903.419.479) will provide Clients information about procedure to know more about marriage separation.

Marriage Separation and the legal framework governing separation

1. Legal frame of marriage separation

Marriage separation refers to the legal process wherein a married couple decides to live separately, terminating  cohabitation while remaining legally married. In Vietnam, this procedure involves specific steps outlined by the law.

2. Legal Process of Marriage Separation

Consulting Legal Counsel: The first step for couples considering separation is to consult a family law attorney. Experienced legal advice is crucial to understanding rights, responsibilities, and potential outcomes.

Filing a Petition: To initiate the separation process, a petition must be filed with the appropriate court. The grounds for separation can include adultery, abandonment, or irreconcilable differences.

Mediation and Settlement: In many cases, the court may require couples to attempt mediation. During this phase, a neutral mediator helps the parties reach an agreement on issues like property division, child custody, and financial support.

Court Decision: If mediation fails, the case proceeds to court. Both parties present  arguments, and the court makes a decision based on the evidence and applicable laws.

Legal Approval: Once the court issues a separation order, it becomes legally binding. The couple is then recognized as legally separated but not divorced.

Marriage Separation and the legal framework governing separation

3. Key considerations of marriage separation:

Child Custody and Support: If the couple has children, decisions about custody, visitation rights, and financial support must be made, focusing on the childs best interests.

Property Division: The division of assets and debts acquired during the marriage can be a complex process. Legal advice helps in ensuring a fair division according to Vietnamese law.

Spousal Support: In some cases, one spouse may be entitled to financial support from the other. The court considers factors like income disparity and the length of the marriage when determining spousal support.

Future Reconciliation: Vietnamese law allows for reconciliation even after a legal separation. Couples can choose to reunite without going through the formal remarriage process.

3.1. Spousal Duties and Responsibilities During Separation

During separation, married couples still maintain  marital status but are released from the duty to cohabitate. Despite this, they are bound by the obligations of fidelity and the one-spouse-one-marriage principle as per the Law on Marriage and Family. Adultery or cohabitation with others during separation, which significantly impacts the marital relationship, can serve as grounds for divorce. Violations of these obligations by either party during separation can be considered a basis for divorce proceedings, affecting the division of shared assets.

Additionally, the Law on Marriage and Family should address the obligations of caring, supporting, and assisting each other during separation. Since this is a period when the legal requirement to live together is lifted, emotional bonds may weaken, and the level of care, love, and support may diminish compared to when the couple was living harmoniously. However, its essential to recognize that they still retain  legal status as spouses, and, as such, the court should establish minimal obligations regarding caring for and supporting each other. Notably, either spouse has an obligation to provide support to the other if they are in economic hardship, unable to provide for themselves, based on principles that protect the legitimate rights of women and children. This obligation plays a crucial role in helping couples rekindle  emotional connection.

Marriage Separation and the legal framework governing separation

3.2. Property Relations Between Spouses

If spouses have established a property regime through an agreement, it should be enforced as per the terms of the agreement. These agreements must, of course, adhere to the general principles of civil law, ensuring they do not harm the rights and interests of third parties in civil transactions and that both spouses enter into them freely without deception, coercion, threats, or confusion. In cases where these agreements violate these principles and require court resolution, the court can declare the violated terms null and void.

If spouses have no property agreement or fail to reach one, the court will apply the regulations on the division of shared marital property to settle the matter. From the effective date of the separation, spouses own separately the assets they acquire and are individually responsible for  own obligations unless there is a different agreement in place. Specifically, any property created or earned by a spouse through labor, production, or business activities during the marriage, along with legitimate income, belongs to that spouse. Profits, gains, and benefits arising from a spouses separate property, and property received jointly or through inheritance, remain jointly owned by the spouses.

3.3. Rights and Obligations of Parents and Children During Separation

In the event of separation, parents maintain rights and duties towards  children. This includes providing care, attention, and education to minor children or adult children with limited legal capacity or the inability to support themselves. Even though the obligation to live together is lifted, both spouses still share equal responsibility for caring, supporting, nurturing, and educating  children.

Spouses can reach agreements on living arrangements for minor children or those with physical disabilities preventing them from living independently and on visitation schedules and child-rearing methods. In cases where couples cannot agree or if  agreement harms the rights and interests of the children, the court will make a determination regarding these matters.

For further information, please contact us via email at contact@apolo.com.vn or Hotline: (+84) 903.419.479