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

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