Grounds for divorce according to the Law on Marriage and Family of Vietnam 2014

Second, legislators need to make specific provisions on third parties who have the right to request the Court to resolve a divorce.

Parents and other relatives have the right to request the Court to resolve the divorce when one spouse is mentally ill or has another illness that prevents them from perceiving or controlling their behavior, and is also a victim of domestic violence caused by their husband or wife, which seriously affects their life, health and spirit. So who are the parents and other relatives? Currently, the law does not have specific regulations on whether parents are the biological parents of the husband or wife, or whether both parents have the right? The law does not have specific regulations on whether adoptive parents of the husband or wife have the right to request the Court to resolve the divorce. This leads to inconsistent application of the law in practice, requiring legislative officials to have more specific and detailed regulations on this related subject. In the author's opinion, fathers, mothers, and relatives of the husband or wife are all subjects with the right to participate in requesting the Court to resolve the divorce, based on the Civil Code and the Law on Civil Procedure, to have a unified view and a unified application of the law from the original Civil law.

Because our country does not recognize the precedent system, it is difficult to consider specific examples in reality of what constitutes a serious marital life and the purpose of marriage not being achieved so that the courts can apply it consistently. It is from the above general legal provisions that most of the settlement of divorce cases still depends a lot on the subjective will of the person doing the trial. To solve the above problems, the law needs to be amended and supplemented to be more complete and the work of improving the qualifications and professional knowledge of the person doing the trial needs to be focused on more.

Providing detailed guidance on the grounds for divorce under the 2014 Law on Marriage and Family is important for the application of the law. From there, it contributes to clarifying the grounds for divorce, so that the subjects in the marital relationship, related subjects, as well as the Court have a more correct and accurate view and application of the law.

Third, couples divorce because they no longer have feelings for each other, but in their married life there is no conflict or disagreement.

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The grounds for divorce stated in Article 55 and Article 56 of the 2014 Law on Marriage and Family only stipulate divorce by mutual consent, divorce at the request of one spouse, and divorce at the request of a third party. However, in real life, there are cases where a couple divorces because they no longer have feelings for each other, but in their married life there is no conflict, disagreement, domestic violence, or one party is missing or has lost civil capacity.

Because in reality, many couples get married because of the emotional relationship between the parents of both sides, the couple gets married without feelings, voluntarily following the arrangement of the parents of both sides, the parents put the child where they sit. Besides, there are also many cases where couples get married to fulfill their marriage obligations, those who are disgusted with married life, marrying a wife/husband just to appease their parents, family,... their married life is only a formality, without happiness. Originating from an unhappy marriage, when living together, the husband/wife is like two strangers; or they have lived together for a long time, but gradually when people change, feelings also change, the husband and wife no longer feel love for each other, wanting to free each other from the formal marriage by divorce.

Is this also a form of consensual divorce? Or is it a case of divorce requested by one spouse without any signs or conditions of grounds for divorce as set out in Articles 55 and 56?

Protecting human freedom is one of the contents stipulated very specifically by the 2013 Constitution. Therefore, the issue of protecting the family happiness of each individual in society is also a very important content, which needs to be regulated more clearly by law, especially the issue of grounds for divorce in cases where the husband or wife or both parties have ended their emotional relationship with each other, no longer want to live together, when there is no conflict between them. However, the issue of verifying "the emotional relationship has ended" is an extremely difficult issue to determine, the law needs to have specific guidelines.

In the author's opinion, we can stipulate that the Court accepts the divorce request of both parties in the case that they no longer have feelings for each other, have no conflicts in the marital relationship, and want to divorce by considering the marital status, and making a decision to "recognize a consensual divorce". Because the issue of marital relations is a private matter, related to the love affairs and personal life of each person. In the case that both parties request a divorce, it proves that they no longer have a relationship with each other, the Court's decision to divorce is the best solution for them; this issue is similar in nature to a consensual divorce, the parties can agree with each other on the contents related to the consequences after the divorce. In the case of resolving the divorce request of the wife or husband - requested by one party, the Court will conduct mediation, consider whether their marital status can be saved or not? In case of unsuccessful reconciliation, the parties may choose to separate or divorce.

Fourth, the consequences after divorce in case a third party requests a divorce.

The law allows fathers, mothers, and other relatives to request a divorce, but the law has not specifically regulated how the consequences will be handled after the divorce. The law has not specifically regulated who is the representative or guardian of the wife after the divorce in this case? Therefore, it will lead to the question of who will take care of the wife, manage the wife's assets after the divorce, who will take care of their children on behalf of the wife, and ensure the wife's right to be a mother after the divorce? Who will be the wife's guardian? It could be the wife's biological father or mother, the wife's adoptive father or mother, the wife's aunt, uncle, or the wife's adult children....

In the author’s opinion, the new law stipulates that fathers, mothers, and other relatives can request a divorce in the above case to ensure the wife’s rights, but there are no specific regulations to ensure the wife’s rights in terms of property management, motherhood, child care rights, and the mother’s rights to receive care from her children. Therefore, to further improve this regulation, it is necessary to add more specific regulations.

3.3.2. Improve awareness, skills and expertise for Court staff

In addition, it is necessary to improve skills and expertise as well as regularly organize training courses for law enforcement officers, train a team of Court officials with in-depth expertise and understanding of marriage and especially divorce. This work is meaningful in improving efficiency and ensuring consistency in the resolution of divorce cases.

When studying the case file of a marriage and family case, the Trial Panel must carefully consider the content, source and value of the evidence proving the marital status of the parties, proving the requests for division of common property, payment of common debts, and raising of common children. When the above evidence is not available or is available but

If the information is not complete, the members of the Trial Panel can discuss with each other to collect, verify and clarify before opening the trial.

People's jurors must promote their responsibilities when performing the role of representing the people when participating in trials; do a good job of marital reconciliation during trials, protect the legitimate rights and interests of women and children; prevent and combat acts of domestic violence, propagate, educate, and mobilize subjects to overcome wrongdoings; clarify and compare the collected evidence with the actual marital status according to the statements of the parties at the trial, including cases where the parties had previously agreed to divorce. This work has also limited the cases of divorce due to minor conflicts.

3.3.3 Improve people's understanding of divorce law and grounds for divorce

Strengthening mediation at the grassroots level, mediation for couples will reduce the number of divorce cases that have to be brought to court. In addition, mediation helps limit the breakdown of family happiness and at the same time helps them to look back and rethink their relationship. Mediation officers at the grassroots level need to clearly understand the causes, the level of conflict between husband and wife and the specific circumstances of the family in order to explain, advise, encourage and help the parties to mend the cracks and conflicts in marriage and family relationships.

It is necessary to disseminate more widely the law on marriage and family so that people have a better understanding of their rights and obligations in marriage. We also need to improve people's understanding of the law on divorce and grounds for divorce. Strengthen propaganda and education at the local level: printing legal documents, directly propagating at the local level through loudspeakers, meetings, etc. It is necessary to combine many measures and forms of propagating the law to each specific subject. In particular, organizing the printing of a number of

Basic legal documents such as the Constitution, the Civil Code, and the Law on Marriage and Family are published in ethnic languages to serve ethnic minorities. Depending on the specific circumstances and conditions of each locality and each ethnic group, there are appropriate propaganda methods and measures.

CONCLUDE

In general, grounds for divorce under the 2014 Law on Marriage and Family

is one

human theme

a lot of public attention

social

. The

This divorce settlement has contributed to the good resolution of many divorce issues , liberating

many lives

marriage out of the deadlock .

Through historical periods, the grounds for divorce have always been inherited and developed, increasingly progressive. However, the application in practice still faces many difficulties, requiring legislators to have more specific guidelines so that these regulations can be put into practice, contributing to promoting equality in marital relations, protecting the rights of children, aiming at the goal of a fair, democratic and civilized society.

From there, divorce is not simply the dissolution of a relationship .

reverse family

Again, it strengthens those ties on a civic basis.

master, but the only foundation that can exist and be solid in a

social

civilization

Therefore, in order to ensure the legitimate rights and interests of citizens, as well as contribute to perfecting legal regulations, legislators need to review the provisions on grounds for divorce in order to thoroughly regulate the content related to marital and family relations.

LIST OF REFERENCES

I. Legal documents

1. Civil Code of the French Republic (Law No. 65-570 of July 13, 1965)

2. Civil Code 2005

3. Japanese Civil Code

4. Gia Long Code

5. Hong Duc Law

6. Constitutional Law 2013

7. Marriage and Family Law in Singapore

8. Vietnam Law on Marriage and Family 1959

9. Vietnam Law on Marriage and Family 1986

10. Vietnam Law on Marriage and Family 2000

11. Vietnam Law on Marriage and Family 2014

12. Canada Divorce Act 1986

13. Law on Domestic Violence Prevention 2007

14. Civil Procedure Law amended and supplemented in 2011.

15. Resolution 02/2000/NQ-HDTP dated December 23, 2000 of the Council of Judges of the Supreme People's Court

16. Resolution 03/2012/NQ-HDTP Guiding the implementation of a number of provisions in Part Two " Procedures for resolving cases at the Court of First Instance " of the Civil Procedure Code as amended and supplemented by the Law on Amending and Supplementing a Number of Articles of the Civil Procedure Code dated December 3, 2012.

17. Decree 159-SL dated November 17, 1950 regulating the issue of divorce

18. Decree 97-SL dated May 22, 1950 on amending a number of rules and regulations in civil law.