When they have been married for so long and still do not have children, the family is very impatient, putting pressure on both husband and wife. Many people have the thought of divorce to free each other. So should we get divorced without children, divorced without children?
Should we get divorced without children?
Q: Dear DFC Attorney I would like to consult my lawyer and my wife who has been married for 2 years without children, both feelings for each other are no longer and desire to free each other so should we divorce without children?
Counsel: DFC lawyers thank you for trusting and sending questions to DFC Lawyers, with your questions DFC lawyers would like to give advice as follows:
1. Legal grounds
- Civil Code 2015;
- Family Marriage Law 2014;
- Civil Procedural Code 2015.
2. Should divorce be divorced without children?
Divorce is the result no couple wants, but if both couples find no feelings for each other, the purpose of marriage is not achieved and it is not necessary to prolong this unhappy marriage, divorce is the best solution for both to free each other , for your case you and your wife both realize that the feelings for each other are gone, it is not necessary to prolong this marriage and both are not entangled by the common child, divorce is something that you can think of.
However, DFC lawyers would like to give some legal perspective to analyze and answer your question whether to divorce without children or whether to divorce without children:
In accordance with the law in Article 51 of the Law on Marriage and Family 2014 on the right to request a divorce settlement, then: The spouse or both of them have the right to request the Court to settle the divorce but for the court to accept your divorce request or your spouse or both of you need to present and prove to the court the actual grounds such as :
- The couple no longer have feelings, no longer love each other, marriage has been severely lost;
- The couple had separated, the purpose of the marriage was not achieved, both wishing to end for each other.
The law also stipulates that husbands are not allowed to divorce their wives, article 51 clause 3 Husbands do not have the right to request divorce in case the wife is pregnant, giving birth or raising children under 12 months of age.
In case you and your wife both agree on a divorce without entangled children and the assets are agreeable, you and your wife can ask the court to recognize the divorce.
3. The divorce consent dossiers include the following documents:
- Petition for recognition of divorce consent (You can handw or machine, or go directly to the Court to apply);
- Original marriage certificate (Original) if you lose you can apply for an excerpt at the place of issue;
- Notarized photocopies of household books of you and your wife;
- Notarized photocopies of your and your wife's identities (identities- citizen identities, passports), if you have children together, you need to provide your child's birth certificate and identities.
Regarding the time of settlement of the divorce request of the Court in case of settlement of the petition for consciermity of divorce about 01 month if the Court receives a full dossier of valid papers and longer if there is a problem and not more than 03 months, you can refer to article 363 of the Civil Procedural Code 2015.
The above is the content of DFC's advice on the question of whether to divorce without children (divorce without children), if you still have questions or questions you can call the free legal call center 19006512 for free advice.
Sincerely!!!
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.
