De facto marriage, an increasingly prevalent phenomenon in Vietnam, presents unique challenges and implications within the legal framework. Unlike formal marriages, de facto marriages lack official registration but still embody the essence of a marital relationship where couples live together, often sharing responsibilities and raising children. In this article, Apolo Lawyers delves into the concept of de facto marriage, exploring its characteristics, the legal stance of Vietnam Marriage and Family Law, and the rights and obligations of those involved. In case you need advice, please contact us via email at contact@apolo.com.vn or Hotline - (+84) 903 419 479 for the best advice and support.
What is de facto marriage? This is an important question for many people when exploring forms of informal marriage where couples live together as husband and wife without an official marriage certificate. De facto marriage, also known as unregistered marriage, refers to a situation where two people live together as husband and wife without going through the legal procedures to obtain a marriage certificate from the authorities.
Actual marriage comes from many reasons. Many people think that marriage registration procedures are too cumbersome, but there are also many couples who lived together before 1987, when there were no legal regulations on marriage. the need to register marriage. In short, there are many reasons for the existence of de facto marriage in Vietnam
De facto marriages in Vietnam present complex legal implications due to their non-recognition under the law. Key features include:
Absence of Marriage Certificate: De facto marriages lack official documentation, rendering them unrecognized by Vietnamese legal authorities.
Cohabitation as Husband and Wife: Despite the absence of formal documentation, de facto marriages entail cohabitation and familial responsibilities akin to formal marriages.
Unclear Legal Rights and Obligations: Parties involved may lack clarity regarding their legal rights and obligations, leading to difficulties in dispute resolution and property division.
Treatment of Common and Separate Property: Dividing common and separate property in de facto marriages is complex, as there are no clear legal provisions safeguarding the parties interests.
Dispute Resolution: Resolving disputes in de facto marriages poses challenges due to the absence of legal grounds. Courts may consider factors such as the duration of cohabitation and contributions to common property when adjudicating disputes.
De Facto Marriage in Vietnam: Legal Regulations and Practical Implications
Vietnamese law has made provisions to address the recognition of de facto marriages, as outlined in Joint Circular 01/2001/TTLT-TANDTC-VKSNDTC-BTP and Decree 55/2015/ND-CP. Specifically:
Marital Relationship Establishment: Marital relationships established prior to January 3, 1987, are deemed de facto marriages.
Registration Requirement: Parties cohabiting as husband and wife from January 3, 1987, to January 1, 2001, are encouraged to register their marriage. Failure to register may lead to non-recognition by the court.
Court Jurisdiction: Courts have jurisdiction over de facto marriage disputes occurring from January 1, 2001, to January 1, 2003, if parties have not registered their marriage or have registered but seek divorce.
De Facto Marriage in Vietnam: Legal Regulations and Practical Implications
Our legal service specializes in providing comprehensive consultation, documentation assistance, dispute resolution, and court representation for individuals involved in de facto marriages. With expertise in family law, we ensure that clients legal rights and interests are safeguarded throughout the legal process.
Advise on the conditions for effective division of common property;
Consulting on the legal consequences of marriage registration according to the law;
Consulting on restrictions related to the right to divide common property;
Consulting on child custody rights in a de facto marriage;
Consulting and drafting a draft Agreement on divorce issues in actual marriages;
Witness and notarize the divorce agreement in an actual marriage at the request of the Client.
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