In a case where a man and woman establish a legal spousal relationship with marriage registration, but violate the marital conditions, will the Court grant a divorce upon request?

04/08/2022 Posted by Stephen Le

One of the general principles set forth by the law is that if a man and woman establish a legal husband and wife relationship with marriage registration (which marriage is registered by a competent State agency in accordance with legal procedures) but violate one of the marriage conditions specified in Article 5, Article 8 of the 2014 Law on Marriage and Family, then this marriage is considered illegal and annulled.

However, in some cases, to ensure the interests of the parties and family members, the law provides for some exceptions when the following 02 requirements are fully met:

  • Both parties to the marriage have fully met the conditions for marriage as prescribed; and
  • The two parties to the marriage request the Court to recognize the marriage relationship.

Getting married in violation of age requirements:

If the marriage occurs when one or both of the parties is not of the required age to get married, but at the time of filing the petition for annulment of marriage, both of them are of legal age, and their cohabitation is normal and happy, the court will not annul the marriage. If the parties have a conflict and request the Court to settle the divorce, the Court will accept the request and settle the divorce according to general procedures.

Marrying in violation of voluntariness:

If the parties were deceived or forced to marry at the time of the marriage, but then the deceived party discovered the deception, sympathized and continued to live in harmony, this illegal marriage shall not be annulled. If the parties have a conflict and request the Court to settle the divorce, the Court will accept the request and settle the divorce according to general procedures.

If it is the case that Southern cadres and soldiers in the North in 1954, married in the South, and then got married in the North, the handling shall be in accordance with Circular 60/TATC dated July 22, 1978 of the Supreme People’s Court.

If a person is married, but the situation is serious and the life together cannot last long, and he/she has another marriage, then this marriage is illegal. However, when there is an illegal request for annulment of marriage, if he/she has a divorced spouse in the previous marriage, the Court will not decide to annul the illegal marriage the next time. If there is a conflict and the Court is requested to settle the divorce, the Court shall accept the case and settle the divorce according to general procedures.

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