No children together - Do I have the right to a divorce?

Life is growing, people are increasingly busy, accompanied by so many worries in life that make the psychology always stressful. Not only that, unhealthy life, often staying up late, sitting a lot, sedingly are all the causes of infertility today more and more appear. So: "No children together - Do I have the right to a divorce?"

No children together - Do I have the right to a divorce?

1. Current marital situation

Couples who come to marriage always expect themselves to have a fulfilling life, happy couple beside their children, but not being able to have children makes the psychology affected a lot. Husband and wife who do not understand, do not understand will often blame, scold. It comes from not having children born psychologically uncomfortable with the other person so that they often quarrel for the little things in life.

A marriage filled with misery, quarrels that make them both miserable and finally find a solution to divorce.

There is no law that says the reason for getting divorced is because there are no children. However, the lack of children is a profound cause of the couple's problems and quarrels, making the marriage in a serious condition, can not continue.

2. The right to settle a divorce without children together?

Article 51. Right to request divorce settlement

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, due to mental illness or other illness, cannot recognize or master his/her acts and is a victim of domestic violence caused by their husbands or wives which seriously affects 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.

Article 55. Favorable divorce

In cases where husband and wife request a divorce, if it is considered that the two parties actually voluntarily divorced and have agreed on the division of property, the care, nurture, care and education of children on the basis of ensuring the right interests of their wives and children, the courts recognize the divorce consent; if no agreement is reached or an agreement is reached but the right interests of the wife and children are not guaranteed, the court may settle the divorce.

Article 56. Divorce at the request of a party

1. When a spouse requests a divorce but the concion at the court is unsuccessful, the court settles for divorce if there are grounds for the husband and wife committing acts of domestic violence or serious violations of the rights and obligations of the spouses, which cause the marriage to fall into serious condition , co-life cannot be prolonged, the purpose of marriage is not achieved.

In accordance with Article 51, 52, Clause 1, Article 53 of the Law on Marriage and Family 2014, the spouses or both have the right to request the court to settle the divorce. If the couple agreed to divorce and agreed on the issues of common children, property, general debt ... the court settles the divorce. If a party requests it, the Court will consider the reason for the divorce. In the case of childless children, there are frequent quarrels, will the Court consider whether this situation can be saved? Through mediation at the facility to try to mend feelings, if it is not possible, it will settle for divorce.

At this time, issues of concern when divorce include:

• Marital relationship:Both have the same divorce agreement or just the request of one party.

If it is a consensus, the Court will settle according to the divorce consent procedure.

If it is requested by a party, it will be considered at the request of one party (Unilateral Divorce).

• Common children: Since both do not have children, they do not ask for resolution;
• Common property: Agreement on common property and private property. If no agreement is reached, the Court will settle on the principle of split, but take into account factors such as the effort to contribute to the creation and maintenance of assets; family circumstances on each side; each party's fault in the divorce; Protecting the legitimate interests of each party in production, business and occupation so that the parties have the conditions to continue labor generating income;
• Property obligations: Common debts.

For quick resolution, the two sides should agree on all of the above issues to avoid disputes. If there is a dispute, the Court will settle and the duration will be longer.

3. Should divorce services be used without children together?

Divorce is always the final solution to help both couples open new doors, a new love path, balance the current life without having to live forever in the stalemate, stress for both without children together. Once this decision has been made, everyone wants to be resolved quickly and smoothly. However, the reality can always be difficult from many sides such as the enemy, the two sides do not agree on opinions or complicated legal procedures and dossiers, especially in cases of divorce with foreign elements.

Understanding this, DFC law firm provides full divorce consulting services, quickly, saving time and costs while ensuring the best interests of customers in accordance with the law.

Contact DFC's team of lawyers and family psychology consultants immediately via the online legal advice hotline 19006512. Thank you!