Luật sư Nguyễn Hữu Phước

Divorce by mutual consent is a case where spouses are really willing to divorce and have agreed on the following issues: (i) terminating the marriage relationship; (ii) agreement on child raising, (iii) agreement on common property division of the spouses (if any). At that time, the spouses submit the petition to recognise the divorce by…

Divorce is an event in which the husband and wife relation ends under a Court’s legally effective judgement or decision. If the spouses fail to reach an agreement on divorce, based on the petition of either the husband or the wife, the Court shall conduct the settlement of divorce if it has grounds to believe…

Currently, the Vietnamese laws do not provide any specific definition of adultery but only state that: “A cohabitation as a spouse with a person that one of the two persons is in a marriage relationship with another person is considered as a violation of the marriage regime”[2]. Although in practice, adultery may be manifested in…

Under the provisions of Article 51.1 of the Law on Marriage and Family 2014, husband or wife or both has or have the right to request a Court to settle the divorce[2]. Therefore, both spouses have the right to unilaterally divorce. The legal basis for which the Court may accept the unilateral divorce of the…

In principle, the Court must accept the case of the litigants, but it does not mean that the Court must perform this obligation in every case. According to the Civil Proceedings Code 2015, the Court has the right to return the petition if one of the following circumstances occurs: The petitioners have no right to…