Consulting marriage and family law
To: Dragon Law Company: I want to ask lawyer about divorce law. My case is as follow: At present, I feel difficult to maintain my marriage life so I want to divorce my wife who is now being pregnant. I and my wife have no dispute on property because we have almost nothing
Dragon Law Office replies:
Dragon Law Firm/company, Law Advisory board back to you as follow
The article 85 in Vietnamese Law on Marriage and Family in 2000 regulates: “1, Husband, wife or both may require the court to settle the divorce. 2, In case the wife is pregnant or nursing a child under 12 months old, the husband has no right to ask for a divorce”.
To your case, your wife is now pregnant so you can not ask the court to settle the divorce, according to the Law. If you want a divorce, you have to wait until your child is enough. 12 months old.
For a common child, according to VN Law on Marriage and Family, the mother is allow to foster the child/ children under 36 months old. As in case of divorce, the two sides will have to obtain an agreement to support the child/children. In your case, as you do not foster the child directly so the Court should generally bases on your current condition, your income level to apply the suitable support for the child/ children until they are grown up.
For the common property, as you presented, you both do not have common property or dispute on property so the Court will not consider your assets.
Dragon Law Firm sends you the above consultation as a reference.
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