Distinction Between Illegal Marriage Annulment and Divorce

Illegal marriage annulment and divorce are two legal concepts that are frequently confused in the practical application of marriage and family law. Misunderstanding these concepts may result in the incorrect selection of legal procedures, directly affecting rights related to children, property, and case resolution time. The following article clarifies the fundamental differences between these two legal mechanisms under current Vietnamese law. For legal consultation, please contact Apolo Lawyers via email at contact@apolo.com.vn or via hotline at (+84) 979.489.879 for detailed guidance.

1. What Is Illegal Marriage Annulment

Pursuant to Clause 6 Article 3 of the Law on Marriage and Family 2014, illegal marriage refers to a situation where a man and a woman have completed marriage registration procedures at a competent authority in accordance with legal regulations, but one party or both parties violate substantive conditions for marriage.

According to Article 8 of this Law, parties wishing to enter into marriage must satisfy the following conditions:

1. A man must be at least 20 years old, and a woman must be at least 18 years old.

2. Marriage must be based onthe voluntary consent of both parties.

3. Civil act capacity must not be lost.

4. Marriage must not fall within the prohibited cases prescribed in Points a, b, c, and d of Clause 2, Article 5 of this Law.

In addition, current Vietnamese law does not recognize marriage between persons of the same sex.

Common cases of illegal marriage include:

• Failure to meet statutory marriage age requirements

• Marriage established through coercion or deception

• Marriage involving a person who already has a lawful spouse

• Marriage between persons prohibited by law

• A sham marriage is established for purposes other than forming a marital relationship

At present, prevailing law does not provide a specific statutory definition of illegal marriage annulment. Accordingly, illegal marriage annulment may be understood as a civil matter resolved by a court decision declaring a marriage legally invalid due to a violation of marriage conditions under the Law on Marriage and Family. Such a violation must exist at the time of marriage registration.

Distinction Between Illegal Marriage Annulment and Divorce

2. What Is Divorce

Pursuant to Clause 14 Article 3 of the Law on Marriage and Family 2014, divorce refers to the termination of a spousal relationship based on a legally effective judgment or decision issued by a court.

Accordingly, divorce only has legal validity when resolved by a court, regardless of any private agreement between the parties or the length of actual separation. Failure to properly understand this definition is a common cause of prolonged legal disputes in practice.

3. Key Differences Between Illegal Marriage Annulment and Divorce

The two procedures may be distinguished based on the following fundamental aspects:

• Legal nature: Illegal marriage annulment applies to an unlawful marriage, while divorce applies to a lawful marriage.

• Legal consequences: Illegal marriage annulment results in non-recognition of a spousal relationship, while divorce terminates an existing spousal relationship.

• Legal grounds: Illegal marriage annulment is based on violation of marriage conditions, while divorce is based on marital conflict and statutory grounds.

• Eligible applicants: Illegal marriage annulment may be requested by multiple subjects as prescribed by law, while divorce is primarily requested by spouses.

Distinction Between Illegal Marriage Annulment and Divorce

4. Legal Consequences of Illegal Marriage Annulment and Divorce

Whether an illegal marriage annulment or divorce is applied, the court shall consider and resolve the following matters:

• The rights and interests of common children are protected in accordance with the law.

• Property is settled based on contribution factors and consideration of fault.

• Obligations related to child support and child care remain ensured.

However, in cases of illegal marriage annulment, the party at fault may not receive legal protection regarding property interests.

5. Legal services Apolo Lawyers provide for divorce cases

Apolo Lawyers – Solicitors & Litigators offers comprehensive legal services designed to help clients achieve a fast divorce while safeguarding their rights and interests. Our services include:

• Consulting on mutual consent and unilateral divorce procedures;

• Reviewing, drafting, and organizing all required divorce documents;

• Representing clients during negotiations on property division and child custody;

• Advising on financial settlements, spousal support, and child support;

• Assisting with recognition and enforcement of foreign divorce judgments in Vietnam;

• Representing clients before the People Court in divorce proceedings;

• Supporting post-divorce procedures, such as civil status registration updates.

With a team of experienced and dedicated lawyers, Apolo Lawyers is committed to guiding you through each stage of the divorce process, ensuring legal compliance and helping you resolve your case as quickly and smoothly as possible.

Divorce is quite a complicated procedure. If you still have any questions, do not hesitate to contact Apolo Lawyers – Solicitors & Litigators. Hotline: (+84) 903. 419. 479 and Email contact@apolo.com.vn to be supported and helped in the most optimal way.

>>> Read more: Seeking Legal Assistance for Unilateral Divorce Services in Vietnam

>>> Read more: How to File a Unilateral Divorce in Accordance with Vietnamese Law?