Question 20: If one or more of the spouses’ children die while the Court was considering to accept and settle the divorce case, must the Court keep resolving the divorce case?

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Divorce means termination of the husband and wife relation under a Court’s legally effective judgement or decision. The main relation in a divorce case which is considered by the Court is a spousal relationship. Therefore, the Court shall keep considering to accept jurisdiction over a spouse’ divorce case even if one or all of their child(ren) passes away suddenly during the time the Court is considering to accept and resolve a divorce case. In such a case, when the spouse has a request for the Court to resolve matters of raising, and supporting minor child(ren), adult child(ren) who have lost their civil act capacity or have no working capacity and no property to support themselves, terminating a spousal relationship but one or all their child(ren) die. In this regard, Article 217 of the Civil Proceedings Code 2015 indicates that the Court shall suspend the resolution of a divorce case “if the plaintiff or the respondent is a deceased individual without a beneficiary to his or her rights, obligations”. As such, if each spouse has a request of matters of raising, supporting child(ren) but their child(ren) die(s), the Court will continue resolving the main request which is the termination of their spousal relationship without considering other matters of nurturing, supporting child(ren) due to disappearance of the concerned objects.

However, besides being the object of the Court’s consideration at the request of spouses in such circumstances as stated in the laws, children can also be a plaintiff if either of their parents is incapable of being aware of or controlling his or her own acts due to any mental or other illness and is concurrently victim of internal violence caused by the other spouse, which seriously harms the person’s life, health and mentality[2]. In such a case, if a son or daughter dies, the Court shall issue decision to suspend the divorce case according to Article 217 of the Civil Proceedings Code 2015.


[2] Article 51.2 of the Law on Marriage and Family 2014.

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