Chapter VII
DIVORCE
Article 40
When a spouse or both of them apply for a divorce, the People's Court shall investigate and seek the reconciliation of the couple.
When both husband and wife want a divorce and cannot be reconciled, the People's Court, after securing evidence that both parties are acting of their own free will, shall grant a divorce. When only the husband or wife asks for divorce, and reconciliation attempts have failed, the matter will be brought to the People's Court. If it is found that the situation is serious, that the couple can no longer live together and the purpose of marriage cannot be achieved, the People's Court shall grant a divorce.
Article 41
When the wife is pregnant, the husband may sue for divorce only one year after the birth of the child.
This provision shall not apply to the wife's request for divorce.
Article 42
When divorced, the couple's property is divided according to an agreement between the two parties, which is to be recognised by the People's Court. If the two parties cannot come to an agreement, the People's Court will decide.
The division of property of the divorcees shall be in accordance with the following:
a- Personal property shall be kept by the owner;
b- Common property of the couple shall be into two parts, taking into consideration the situation of the property, the specific situation of the family and contributions by each party;
c- Where a couple is still living with the whole family and their own property cannot be determined, the husband or wife shall receive part of the family property, in proportion to his or her contributions to the preservation and enlargement of the common property and to the family's livelihood. Work in the family is regarded as production work;
d- The rights of the wife and under-age children, and production and professional interests shall be protected in the division of property.
Article 43
When divorced, if either party is needy and asks for support, the other party shall give support according to his or her abilities.
The amount and duration of support shall be agreed by the two parties. If no agreement can be reached, the People's Court shall decide.
Where circumstances change, a person who receives or gives support may ask for a change in the amount or duration of support. If the person receiving the support marries another person, the support shall be stopped.
Article 44
The divorcees shall have rights and duties vis-à-vis their common children.
Article 45
In consigning the couple's child or children to the care of either of the divorcees for guardianship, the children's interests in every aspect shall be taken into account. In principle, nursing infants shall be consigned to the care of their mothers.
The person who becomes guardian of the children shall have the right and duty to care for them and contribute towards the cost of their support and education. If he or she delays or evades the contributions, the People's Court may order a deduction from his or her income, or order him or her to make the contributions.
Changes may be made in the interests of the children, if necessary, in guardianship or in contributions towards the cost of their support and education.
Tìm kiếm
Luật Hôn nhân và gia đình 1986 (Bản Word)