Currently, there are many cases of men and women cohabiting as husband and wife, having common children, and common property but not registering a marriage. When they no longer live together, they want to divide common property and settle common child issues, how will the Court settle.?In this article, Apolo Lawyers - Solicitors & Litigators (Tel: (+84)903.419.479) will provide you with some information related to common property division in case of cohabitation as husband and wife.
According to the provisions of the Law on Marriage and Family 2014, a man and a woman who are eligible for marriage and carry out marriage registration procedures will be recognized and protected by the law. Therefore, if a man and woman cohabitated as husband and wife without registering their marriage, the law does not recognize it, which means that at this time, the rights and obligations of husband and wife will not arise by the law on marriage and family.
However, the fact that many couples live together, and have common children and common property without registering the marriage. In this case, the Court will still consider resolving the issue of children and dividing common property
For the issue of common children, the Court will settle according to the Law on Marriage and Family provisions on the rights and obligations of parents and children. That is, the issue of parents not registering their marriage does not affect the rights and obligations of parents towards their children. Accordingly, if one party is the person directly raising the child, it has the right to request the other party support the child.
For common property issues, the Court will consider and settle them according to the provisions of the Civil Code, not according to the provisions of the Law on Marriage and Family. That is, the common property will be divided according to the contributions of each party, the party with the most contribution will enjoy the most, and the less contribution will enjoy the less. This is completely different from the husband and wife relationship where the common property will be divided in half, and the contribution will be considered by the Court.
Thus, with this provision, for a man and a woman cohabitation as husband and wife and one person is the one who directly generates the economy and income to create a common property, they will be given priority to share the property. However, it should be noted that the case for people who do housework and other related jobs to maintain a common life are also considered income workers.
Thus, the fact that a man and a woman that are cohabitation as husband and wife will not be protected by the law as well as the recognized husband and wife relationship.
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With many years of experience in participating in the resolution of divorce cases. Apolo Lawyers is proud to be a reputable Law Firm that can assist clients in disputes between men and women who cohabitated as husband and wife.