The current legal provisions on de facto marriage play a crucial role in safeguarding the rights of couples who live together without formal marriage registration. These provisions not only define the rights and obligations of the parties involved but also establish a legal framework for resolving disputes and protecting the rights of children within such relationships. LawFirm.Vn explores this topic in the following article.
1. What is De Facto Marriage?
De facto marriage is a marriage recognized based on the factual premise that a man and a woman have been and are currently living together as husband and wife, meet the conditions for marriage, but have not registered their marriage with the competent marriage registration authority.
2. How to Determine De Facto Marriage
According to Resolution 35/2000/NQ-QH10 on the implementation of the Law on Marriage and Family and Joint Circular 01/2001/TTLT-TANDTC-VKSNDTC-BTP on the implementation of the Law on Marriage and Family, cases where a man and a woman do not register their marriage may still be recognized by law as a de facto marriage, with rights and obligations applied as if it were a legal marriage, as follows:
– For relationships established before January 3, 1987 (the effective date of the Law on Marriage and Family of Vietnam 1986) without marriage registration: Parties are encouraged to register their marriage. If a divorce is requested, the Court shall accept and resolve the case according to the divorce provisions of the Law on Marriage and Family of Vietnam 2000. It is important to note that if marriage registration occurs after the marital relationship has been established, their marital relationship is still recognized from the date of establishment (the date they began living together as husband and wife), not merely from the date of marriage registration.
– For men and women living together as husband and wife from January 3, 1987, to January 1, 2001, who meet the marriage conditions under this Law: They are obligated to register their marriage within two years from the effective date of the Law on Marriage and Family of Vietnam 2000 until January 1, 2003. If they do not register their marriage within this period but request a divorce, the Court shall apply the divorce provisions of the Law on Marriage and Family of Vietnam 2000 to resolve the case. After January 1, 2003, if they do not register their marriage, the law will not recognize them as husband and wife, specifically:
- From January 1, 2001, to January 1, 2003: If they have not registered their marriage or have registered their marriage and request a divorce, the Court shall accept the case and apply the divorce provisions of the 2000 Law on Marriage and Family to resolve the divorce case under general procedures. It is important to note that if they register their marriage as stipulated in Point b, Clause 3 of Resolution 35/2000/NQ-QH10 of the National Assembly, their relationship is still recognized as established from the date they began living together as husband and wife, not from the date of marriage registration.
- After January 1, 2003: If they do not register their marriage, according to Point b, Clause 3 of National Assembly Resolution No. 35, they are not recognized as husband and wife. If one or both parties request a divorce, the Court shall accept the case for resolution and apply Point b, Clause 3 of National Assembly Resolution No. 35 and Clause 1, Article 11 of the 2000 Law on Marriage and Family, declaring in a judgment that they are not recognized as husband and wife. If they have requests regarding child custody and asset division, the Court shall apply Clauses 2 and 3, Article 17 of the Law on Marriage and Family of Vietnam 2000 to resolve the matter under general procedures.
- If they register their marriage only after January 1, 2003, and subsequently one or both parties request a divorce: The Court shall accept the case and apply the divorce provisions of the Law on Marriage and Family of Vietnam 2000 to resolve the divorce case under general procedures. It is important to note that in this scenario, their marital relationship is only recognized as established from the date they registered their marriage.
3. What Constitutes a Man and Woman Living Together as Husband and Wife?
A man and woman are considered to be living together as husband and wife if they meet the conditions for marriage as stipulated by the Law on Marriage and Family of Vietnam 2000 and fall into one of the following categories:
- They held a wedding ceremony when they began living together.
- Their living together was accepted by their families (one or both sides).
- Their living together was witnessed by others or an organization.
- They genuinely lived together, cared for, helped each other, and jointly built a family.
The time when a man and woman begin living together as husband and wife is the date they held a wedding ceremony, or the date their living together was accepted by their families (one or both sides), or the date their living together was witnessed by others or an organization, or the date they genuinely began living together, caring for, helping each other, and jointly building a family.
