Marriage Registrations

What Provisions in the Law on Marriage and Family Protect Women?

Author
Felix Nguyen
  • The marriage is voluntarily decided by the man and the woman (Article 8 of the Law on Marriage and Family). No person is allowed to use force, deception, or obstruct the marriage;
  • The husband and wife are equal, having equal rights and obligations in all family affairs (Article 17 of the Law on Marriage and Family);
  • The settlement of property relations must ensure the lawful rights and interests of women and children. Housework and other related work to maintain the habitation shall be regarded as income-generating labor (Article 16 of the Law on Marriage and Family);
  • The right to inherit the property of a spouse (Article 66 of the Law on Marriage and Family);
  • The husband and wife have the right to ownership of their separate property (Article 43 of the Law on Marriage and Family);
  • In the event of divorce, if the party facing financial difficulties requests support for plausible reasons, the other party has the obligation to provide support in according to his/her ability (Article 115 of the Law on Marriage and Family);
  • A husband has no right to request a divorce when his wife is pregnant, giving birth, or is nursing an under-12-month child (Article 51 of the Law on Marriage and Family);
  • Upon divorce, a child under 36 months of age shall be directly raised by the mother, unless the mother cannot afford to directly look after, care for, raise and educate the child or otherwise agreed upon by the parents in the best interests of the child (Article 81 of the Law on Marriage and Family).
  • When a divorce is reached by mutual consent, the division of property of the husband and wife must ensure the legitimate interests of the wife and children (Article 55 of the Law on Marriage and Family);
  • Upon divorce, the division of property of the husband and wife must take into account the circumstances of each party, the status of the property, the contributions to the marriage, and must protect the legitimate rights and interests of the wife and children (Article 59 of the Law on Marriage and Family).
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