Hi lawyer My brother got married (registered marriage). After a period of cohabitation, I discovered his sister to borrow a lot of money for usury until now lost the ability to pay. Sister had left two small children to stay with their mother and the mother. My family wanted me to divorce him but he refused. So three or mother have the right to ask the court for a divorce anhtoi not? Please counsel than to my family in this case. Thank lawyer
(Minhhi ….. @ yahoo.com.vn)
Welcome, Pursuant to Article 51 of the Marriage and Family Act of 2014, provides for the right to request a divorce settlement are as follows:
1. Husband and wife or both of them have the right to ask the court to settle the divorce.
2. Father, mother and other relatives have the right to ask a court to resolve divorce when one spouse by mental illness or other ailment that can not be aware of or control their behavior, and time is a victim of domestic violence by husbands, their wives caused serious prejudice to the life, health, their mental.
3. The husband has no right to request a divorce in case of a pregnant wife, a baby or a child under 12 months old. Accordingly, three / Your mother has the right to ask the court for his divorce settlement when his friend with a mental illness or other ailment that can not be aware of or control his behavior, at the same time is victims of domestic violence by his wife caused serious prejudice to the life, health, the spirit of man. Only when these conditions are met three / parent you have the right to ask the court to consider and settle his divorce you.
If you do not fall into 2 cases as specified above, the person requesting the divorce must be your sister.