Marriage and family disputes are conflicts arising between individuals regarding rights and obligations in marriage and family relationships. When resolving these disputes, there are many intertwined legal relationships that need to be handled. In particular, the statute of limitations does not apply to legal relationships regarding marriage and family. The law does not allow authorization for others to participate in litigation in divorce cases.
COMMON FORMS OF MARRIAGE AND FAMILY DISPUTES
1. Subjects of Disputes
Marriage and family disputes are conflicts between individuals regarding rights and obligations arising in marriage and family relationships. These individuals must have legal capacity and capacity to act as prescribed. People who do not have full civil capacity or have lost their civil capacity will be represented by a guardian according to the law, except for the right to marry.
2. Many Intertwined Legal Relationships
When resolving marriage and family disputes, the court may have to handle many legal relationships at the same time to ensure the thoroughness and comprehensiveness of the case. In addition to the Law on Marriage and Family, other legal documents related to property must also be applied.
3. Statute of Limitations Does Not Apply
Marriage and family relations aim to build a happy, sustainable and long-lasting Vietnamese family. Therefore, the statute of limitations does not apply to disputes related to marriage and family.
4. No Authorization to Participate in Litigation in Divorce Disputes
Divorce disputes are related to the emotional relationship between husband and wife. Only the people involved can decide to continue or end their relationship. However, for disputes over alimony, child custody, and division of common property upon divorce, authorization may be granted.
5. The Nature of the Marital Relationship Determining Litigation Procedures
The marital relationship may be legal, annulled illegally, or a man and a woman living together as husband and wife but not recognized as husband and wife. The nature of the marital relationship determines the litigation procedure and the court's resolution.
1. Disputes Over Child Custody Upon Divorce, Division of Property Upon Divorce
This is the most common type of dispute, related to determining child custody, alimony obligations, and division of common property between spouses upon divorce.
2. Disputes Over Division of Common Property Between Spouses During Marriage
This dispute arises when a spouse requests division of common property to fulfill separate property obligations without requesting a divorce.
3. Disputes About Changing the Person Who Directly Raises the Child After Divorce
When one party is no longer qualified to directly raise the child, the court can request the court to change the person who directly raises the child.
4. Disputes About Determining the Father or Mother for the Child or Determining the Child for the Parents
This dispute is related to determining the blood relationship between the father, mother and child, which can arise from a marital or extramarital relationship.
5. Disputes About Maintenance
This dispute can arise when the person with the maintenance obligation evades the obligation or when there is a change in the level of maintenance that is no longer appropriate.
6. Other Disputes About Marriage and Family
Including other disputes stipulated in Article 28 of the 2015 Civil Procedure Code and related legal documents.
If you need advice and dispute resolution on marriage and family, please contact A.D.V.N Law Office for detailed and timely support.
A.D.V.N LAW OFFICE
- Address: F2&F3, No. 2 Phung Khac Khoan, Da Kao Ward, District 1, Ho Chi Minh City
- Phone: 0903.693.301 – 0909.393.329
- Email: vanphongluatsuadvn@gmail.com; advnlaw@gmail.com
We are always ready to accompany you to resolve all legal issues quickly and effectively.
