The settlement of property relation, parents and children relation of men and women cohabiting as husband and wife without marriage registration?
17/06/2021 13:09
The marriage registration is a legal procedure, based on to the law protect rights and Obligations of each person. In fact, there are many case men and women cohabiting as husband and wife without marriage registration. Depending the time begin cohabiting as husband and wife, the law have provisions to settlement for this problem.
I. Basis legal
- Law on marriage and family 2014
II. Contents
Based on clauses 7 article 3 of the law on marriage and family 2014, cohabitation as husband and wife means a man and a woman’s organization of their living together and consideration of themselves as husband and wife.
According to article 14 of law on marriage and family 2014 also perform consequences of men and women cohabiting as husband and wife without marriage registration following:
- A man and woman eligible for getting married under this Law who cohabit as husband and wife without registering their marriage have no rights and obligations between husband and wife. Rights and obligations toward their children, property, obligations and contracts between the partners must comply with Articles 15 and 16 of this Law.
- For a man and woman who cohabit as husband and wife under Clause 1 of this Article and later register their marriage in accordance with law, their marriage relation shall be established from the time of marriage registration.
1. About property issue
- Property relations, obligations and contracts between a man and woman cohabiting as husband and wife without marriage registration shall be settled under the partners’ agreement. In case there is no agreement, they shall be settled in accordance with the Civil Code and other relevant laws.
- The settlement of property relations must ensure lawful rights and interests of women and children. Housework and other related work to maintain the cohabitation shall be regarded as income-generating labor.
2. About common children
* Looking after, care for, raising and education of children after divorce
- After a divorce, parents still have rights and obligations to look after, care for, raise and educate minor children or adult children who have lost their civil act capacity or have no working capacity and no property to support themselves in accordance with this Law, the Civil Code and other relevant laws.
- Husband and wife shall reach agreement on the person who directly raises their children and on his and her obligations and rights toward their children after divorce. If they fail to reach agreement, the court shall appoint either of them to directly raise the children, taking into account the children’s benefits in all aspects. If a child is full 7 years or older, his/ her desire shall be considered.
- A child under 36 months of age shall be directly raised by the mother, unless the mother cannot afford to directly look after, care for, raise and educate the child or otherwise agreed by the parents in the interests of the child.
* Obligations and rights of the parent who does not directly raise children after divorce
- The parent who does not directly raise a child shall respect the child’s right to live with the person who directly raises him/her.
- The parent who does not directly raise a child shall support this child.
- After divorce, the person who does not directly raise a child has the right and obligation to visit and care for this child without being obstructed by any person.
- The parent who directly raises a child has the right to request a court to restrict the right of the other parent who does not directly raise this child if the latter takes advantage of his/her visit to and care for the child to obstruct or adversely affect the looking after, care for, raising and education of this child.
* Obligations and rights of the parent directly raising children toward the person not directly raise children after divorce
- The parent directly raising a child has the right to request the person not directly raising this child to fulfill the obligations prescribed in Article 82 of this Law and request this person and family members to respect his/her right to raise the child.
- The parent directly raising a child and family members may not obstruct the person not directly raising the child from visiting, caring for, raising and educating this child.
With a team of experienced lawyers in the work, there are responsibilities for customers. Dai An Phat law always provides litigious service to handle cases, dispute resolution about marriage and family; inherit; land…
- Law on marriage and family 2014
II. Contents
Based on clauses 7 article 3 of the law on marriage and family 2014, cohabitation as husband and wife means a man and a woman’s organization of their living together and consideration of themselves as husband and wife.
According to article 14 of law on marriage and family 2014 also perform consequences of men and women cohabiting as husband and wife without marriage registration following:
- A man and woman eligible for getting married under this Law who cohabit as husband and wife without registering their marriage have no rights and obligations between husband and wife. Rights and obligations toward their children, property, obligations and contracts between the partners must comply with Articles 15 and 16 of this Law.
- For a man and woman who cohabit as husband and wife under Clause 1 of this Article and later register their marriage in accordance with law, their marriage relation shall be established from the time of marriage registration.
1. About property issue
- Property relations, obligations and contracts between a man and woman cohabiting as husband and wife without marriage registration shall be settled under the partners’ agreement. In case there is no agreement, they shall be settled in accordance with the Civil Code and other relevant laws.
- The settlement of property relations must ensure lawful rights and interests of women and children. Housework and other related work to maintain the cohabitation shall be regarded as income-generating labor.
2. About common children
* Looking after, care for, raising and education of children after divorce
- After a divorce, parents still have rights and obligations to look after, care for, raise and educate minor children or adult children who have lost their civil act capacity or have no working capacity and no property to support themselves in accordance with this Law, the Civil Code and other relevant laws.
- Husband and wife shall reach agreement on the person who directly raises their children and on his and her obligations and rights toward their children after divorce. If they fail to reach agreement, the court shall appoint either of them to directly raise the children, taking into account the children’s benefits in all aspects. If a child is full 7 years or older, his/ her desire shall be considered.
- A child under 36 months of age shall be directly raised by the mother, unless the mother cannot afford to directly look after, care for, raise and educate the child or otherwise agreed by the parents in the interests of the child.
* Obligations and rights of the parent who does not directly raise children after divorce
- The parent who does not directly raise a child shall respect the child’s right to live with the person who directly raises him/her.
- The parent who does not directly raise a child shall support this child.
- After divorce, the person who does not directly raise a child has the right and obligation to visit and care for this child without being obstructed by any person.
- The parent who directly raises a child has the right to request a court to restrict the right of the other parent who does not directly raise this child if the latter takes advantage of his/her visit to and care for the child to obstruct or adversely affect the looking after, care for, raising and education of this child.
* Obligations and rights of the parent directly raising children toward the person not directly raise children after divorce
- The parent directly raising a child has the right to request the person not directly raising this child to fulfill the obligations prescribed in Article 82 of this Law and request this person and family members to respect his/her right to raise the child.
- The parent directly raising a child and family members may not obstruct the person not directly raising the child from visiting, caring for, raising and educating this child.
With a team of experienced lawyers in the work, there are responsibilities for customers. Dai An Phat law always provides litigious service to handle cases, dispute resolution about marriage and family; inherit; land…
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