Marriage and
family dispute lawyers in Vietnam
The Vietnam Family and
Marriage Act 2014 has officially been passed and will take effect from Jan 1st,
2015. The Vietnam law on Marriage and
Family in 2014 has the following notable update:
Same-sex
marriage is not banned but not yet officially recognized
The Law on Marriage and
Family in 2014 abolishes the regulations that “prohibit marriage between people
of the same sex,” but specifically “does not recognize marriages between people
of the same sex as stipulated in clause 2 Article 8 “. Accordingly, people of the same sex can get
married but their marriage will not be protected by law when disputes
occur. This is however considered a
development in the law taking consideration of the situation in Vietnam.
Raising
the age of marriage
The new law defined
marriage age for women from the age of 18 or more for women and men from all 20
years or older. The reason for this change is because if the minimum age of
marriage for women is just about to turn 18, the rules are not consistent with
the Vietnam Civil Code and the Civil Procedure Code. According to the Vietnam Civil Code, person
under 18 years old is a minor, as such requires the legal representative
agreement in civil transactions.
According to the Vietnam Civil Procedure Code, people of at least 18
years old will have full capacity for civil conduct proceedings.
Surrogacy
arrangement is accepted
The Vietnam Marriage
and Family Law 2014 officially allows surrogacy for humanitarian purposes. The
surrogacy is applied only when the adequate conditions for both surrogate
mothers and intended parents are met. In particular, the law only allows
relatives from husband or wife to be surrogate mother. This will also be considered as a development
in the Vietnam Marriage and Family Law 2014.
Assets
division during marriage
Law in developed
countries recognize the prenuptial agreement which is signed between people
before getting married. Vietnam law does
not consider marriage as a contract. In
the meantime, the current regulations of Vietnam Marriage and Family law are
unclear on ownership of common and private assets and properties. It mainly refers to land issues while other
assets such as securities and share ownership in the enterprise are not
mentioned, making it difficult to resolve the disputes arisen. The Law on Marriage and Family 2014
specifically regulates the agreement between people before getting married on
the assets and properties. Such agreement must be in writing, notarized or
authenticated before marriage. This agreement could be changed during the
marriage.
We at ANT Lawyers, a law firm in Vietnam provide advice
and services on marriage and family laws.
We could be reached at office +84 28 730 86 529 or email
ant@antlawyers.vn.
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