Can I get divorced if I can't register my marriage?

Can I get divorced if I can't register my marriage?
Posted date: 18/03/2021

Due to my personal problem, my marriage was not registered. My wedding was taken place but my husband was away for his work. After 2 years, we found out that we couldn’t live together anymore. I wanted to divorce so I went to Court for carrying out the divorce procedure. The Court said that I had to submit the original marriage certificate but I didn’t obtain it. Can I get divorced when I did not register my marriage?

FDVN’s opinions:

Thank you for concerning FDVN’s legal services. Regarding your consulting requests, after studying the relevant legal documents, FDVN Law Firm would like to give you the following advice:

In Article 9 of the Law on Marriage and Family 2014:

“Article 9. Marriage registration

1. A marriage shall be registered with a competent state agency in accordance with this Law and the law on civil status.

A marriage that is not registered under this Clause is legally invalid.

2. A divorced couple who wish to re-establish their husband and wife relation shall register their re-marriage.”

In the case where the couple did not carry out the marriage registration procedures at a competent state agency, the marriage has no legal validity. Therefore, the relationship between you and your husband is not considered a marital relationship. That means, your marriage relationship is not recognized by state agencies. If you both want to get divorced, you can settle it yourself without going to Court.

In addition, according to Article 53 of the Law on Marriage and Family 2014:

“Article 53. Acceptance of divorce petitions

1. A court shall accept divorce petitions in accordance with the civil procedure law.

2. For a couple who has not registered their marriage but requests a divorce, the court shall accept the case and declare non-recognition of their spousal relationship under Clause 1, Article 14 of this Law; and shall settle any children- or property-related requests according to Articles 15 and 16 of this Law.”

So, if you did not register the marriage but you still want to request for divorce, the Court may accept the case and declare not to recognize the marital relationship.

Above is FDVN Law Firm's opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN's advice would be helpful to you.

 Nguyen Thi Thanh Thanh Tra - FDVN Law Firm


CONTACT US:

 

Lawyers in Da Nang:

99 Nguyen Huu Tho, Quan Hai Chau, Da Nang city

Lawyers in Hue:

56A Dien Bien Phu, Hue City, Thua Thien Hue

336 Phan Chu Trinh, Hue City, Thua Thien Hue

Lawyers in Phu Quoc:

65 Hung Vuong, Duong Dong town, Phu Quoc island district

Lawyers in Quang Ngai:

359 Nguyen Du, Quang Ngai City, Quang Ngai Province.

Lawyers in Ha Noi:

Room 501, 5th Floor, No. 11, Lane No. 183, Dang Tien Dong Street, Dong Da District, Ha Noi

Lawyers in Nghe An:

 No. 19 V.I Lenin street, Vinh City, Nghe An Province

Website: www.fdvn.vn    www.fdvnlawfirm.vn  www.diendanngheluat.vn  www.tuvanphapluatdanang.com

Email: fdvnlawfirm@gmail.com    luatsulecao@gmail.com

Phone: 0935 643 666    –  0906 499 446

Fanpage LUT SƯ FDVN: https://www.facebook.com/fdvnlawfirm/

Legal Service For Expat:  https://www.facebook.com/fdvnlawfirmvietnam/

T SÁCH NGH LUT: https://www.facebook.com/SayMeNgheLuat/

DIĐÀN NGH LUT: https://www.facebook.com/groups/saymengheluat/

Hotline tư vấn: 0935 643 666
Zalo