Together with DFC Lawyers advise with divorce cases due to childless illness below. One of the most important purposes of marriage is to maintain the race, so getting married, getting married and having infertility and then having no children can be a reason for the court to consider and settle the divorce of the couple.
Divorce conditions due to childless illness
My wife and I have been married for over 5 years but have no children, the reason is because my husband is infertility, so can I ask for a divorce? What are the conditions for divorce due to her husband's illness, infertility without children? Please advise me, I would like to sincerely thank!
Counsel lawyers:
Hi, DFC Lawyers have received your consulting questions, with this question, we would like to advise as follows:
1. Is it possible to divorce due to illness without children?
In Article 51, the Law on Marriage and Family 2014 provides for the right to request a divorce as follows:
"1. Spouses or both of them have the right to request the courts to settle the divorce.
2. Other fathers, mothers and relatives may request the courts to settle divorces when one spouse is mentally ill or otherwise ill and cannot recognize or master his/her acts and is a victim of domestic violence caused by their spouses seriously affecting their lives , their health, their spirit.
3. Husbands do not have the right to request divorce in case their wives are pregnant, giving birth or raising children under 12 months of age."
In your case, you can unilaterally file a petition with the Court to settle the divorce. However, the Court will only consider your divorce request. If the Court finds that the marital status is serious, the common life cannot be prolonged, the purpose of the marriage is not achieved, the Court will decide on the divorce.
2. Divorce conditions due to husband's illness, infertility without children together
According to the Guidelines in Section 8, Resolution 02/2000/NQ-OSP guides the enforcement of some provisions of the Law on Marriage and Family as follows:
a/ Serious marital status:
- Husband and wife do not love, respect, care for and help each other as people who only know their obligations, leave their spouses want to live, have been reminded and reconciled many times by relatives, relatives, agencies, organizations.
- Husband and wife mistreat or torture each other as regularly beating, committing acts of insulting each other's honor, dignity and prestige, having been reminded and reconciled many times by relatives or agencies, organizations and organizations.
- Husband and wife are not faithful to each other such as adultery, being reminded and advised by their spouses or relatives of their wives or agencies or organizations but continue to have an affair.
b/ The basis for the couple's shared life must not be prolonged
Based on the current condition of the couple to the severity as instructed in point a.1 item 8. If the reality shows that many times have been reminded, reconciled but continue to have an affair or continue to separate leaving the other, or continue to torture or offend each other, there are grounds to say that the couple's life can not last.
c/ The purpose of marriage is not achieved
There is no marital relationship, inequality of obligations and rights between husband and wife; disrespecting the honor, dignity and prestige of husband and wife; disrespecting the freedom of belief and religion of husband and wife; do not help, create conditions for each other to develop in all aspects.
Thus, if you wish to divorce unilaterally then you can completely ask the Court where your husband resides to settle the divorce for you, however you must prove that the marital status between you and your husband has reached a serious level, the marriage life must not ultimately not achieve the purpose of co-living then the Court may consider and resolve the your needs. If you only give reasons for your husband's illness, infertility, failure to prove serious marital status ... the Court will not accept your request for divorce.
In this case, to ensure the Court settles, you and your husband can agree to divorce in accordance with Article 55 of the Law on Marriage and Family 2014.
The above is the consultation section of DFC Lawyers on divorce cases due to childless illness for you. For inquiries, please contact the Family Marriage Advisory Center 19006512 for answers. Thank you!
Ls. Le Minh Cong
Luật Sư: Lê Minh Công
Với bề dày kinh nghiệm hơn 15 năm trong ngành tư vấn pháp luật, Luật sư tranh tụng tại Tòa án, Ông Lê Minh Công đã dẫn dắt DFC trở thành một thương hiệu uy tín và chất lượng cho người dân và là một trong những công ty đi đầu tại Việt Nam trong lĩnh vực tư vấn luật qua tổng đài.
