What are the conditions for restricting the right to request a divorce settlement?

Divorce is a right of husband and wife, but in some cases the law restricts the husband’s right to request a divorce to protect the interests of the wife or a minor child.

The 2014 Law on Marriage and Family stipulates: When the wife is pregnant, is giving birth or is nursing an under-12-month child, the husband has no right to request a divorce. Thus, the Court will not accept the husband’s divorce request when the wife is pregnant (regardless of whose child the wife is pregnant with) or when the wife is nursing an under 12-month child (regardless of who the child’s father is). 

In case a spouse requests the Court for a divorce but is rejected, they may only request a divorce after meeting all the conditions, such as the nursing child is over 12 months old.

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