What is it like to divorce when your wife is pregnant? When there is a rift in the marriage that leads to the divorce, who will be entitled to divorce? And if divorced, what are the records, procedures, order and order?
How to get divorced when your wife is pregnant?
Marriage means the establishment of a husband and wife relationship in accordance with the law on conditions for marriage and marriage registration. When the purpose of the marriage is not achieved, the couple may divorce, divorce unilaterally or divorce in favour. However, when the wife is pregnant, how should the two parties agree to divorce? How does the divorce proceed when the wife is pregnant? Below, DFC Law Firm would like to send you the following article to answer this problem.
Legal grounds:
- Marriage and Family Law 2014
- Legal documents guiding the enforcement of marriage and family law 2014.
Contents of advice on consual divorce when the wife is pregnant
According to the Law on Marriage and Family 2014: Husbands are not allowed to divorce while their wives are pregnant or raising children under 12 months of age. Thus, in case the wife is pregnant, the husband can not request a divorce. If the two parties agree to divorce, the person submitting the divorce petition must be the wife.
Before the divorce settlement, the couple will be reconciled by the court. If the concion is unsuccessful, based on whether the spouse commits acts of domestic violence or seriously violates the rights and obligations of the spouses, the marriage is in a serious condition, the common life cannot prolong the purpose of marriage is not achieved, the Court will declare the couple divorced.
*The grounds for the court's declaration of divorce are understood as follows:
- Couples do not love, care for and help each other;
- Appearing the situation of pedaling, domestic violence, acts of insulting each other's honor and dignity;
- Appearance of adultery, un faithful spouse;
- Inequality in rights and obligations of husband and wife;
When a marital rift occurs that leads to a divorce, the spouse can file for divorce in court. However, in case the wife is pregnant, only the wife can file for divorce. It is much easier to divorce when your wife is pregnant than to divorce unilaterally.
*Divorce applications include:
- Original marriage certificate;
- Copies of household household books;
- A copy of the identity card or citizen's identity card of both spouses;
- Papers proving assets, agreements on division of assets (if any);
- Support agreement (if any).
Divorce applications are filed at the district People's Court where her husband's permanent residence is registered (because his wife is the applicant for divorce). After 05-08 days of receiving the application, the court will accept the divorce application.
The above is the consultation of DFC Law Firm on the procedure for consying divorce when the wife is pregnant. If you have any further questions, please contact legal advice center 1900.6512 for the most timely and accurate advice.
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.
