Husband has cancer, ex-wife returns after many years of disappearance

Reader N.T. L (in Thai Nguyen) asked: "I got married 30 years ago, have two children, the eldest daughter is married, and the son is also nearly 27 years old this year.

My husband is a hardworking, gentle, and hardworking man. In the early years of marriage, in addition to farm work, he did not mind any work. Early in the morning, he worked as a helper for the slaughterhouse and then followed his older brother to build a construction project. Saving up, more than ten years after getting married, we built a spacious house with full amenities.

However, life always has unexpected turns. Not knowing who introduced him, he poured all his savings and borrowed from his parents and siblings to jointly invest in stone mining for construction.

A few months later, the person who cooperated with my husband took all the money and ran away. Losing all his savings, plus the debt borrowed from his parents and siblings, my husband had to cut off half of the land his parents gave him to pay off debts.

Since then, my husband has changed his personality, refuses to do anything, drinks alcohol every day until he gets drunk. When drunk, he rushes to beat and scold me harshly.

10 years ago, my husband came home drunk and cursed, then grabbed a stool and hit me on the head. My son kept my father while telling me to run away. That night, my two children said: "Mom, go, to escape this life. We are grown up, we can take care of ourselves.

After that, I went to Binh Duong to work as a worker at a garment company, did not contact my husband, only occasionally sent money home to my children but did not say where I was. 4 years ago, I heard news that my husband requested the court to declare him missing and divorced me. Since then, I have regularly contacted my children. When my eldest daughter got married, I also returned but did not appear at the wedding.

A month ago, my son called to report that his father had lung cancer. My son wants me to come home to take care of his father because he is very depressed and at this time only hopes to have me by his side. Thinking about the previous marital affection, I took an unpaid leave to come home to take care of him.

Since I came back, his spirit has become much more uplifted, willing to eat and coordinate treatment. What I am concerned about is whether my husband's divorce from me is in accordance with regulations? Can I resume my marital relationship when I return? I would like to ask a lawyer for advice.

Regarding the legal issue you are asking, lawyer Duong Thu Hien - Thanh Lam Law Company Limited (Hanoi Bar Association) advises as follows:

Clause 14, Article 3 of the 2014 Law on Marriage and Family stipulates: "Divorce is the termination of marital relations according to a legally effective judgment or decision of the Court. The spouse or both of them have the right to request the Court to resolve the divorce".

Clause 1, Article 51 of the 2014 Law on Marriage and Family stipulates the right to request divorce resolution as follows: "The spouse or both of them have the right to request the Court to resolve divorce".

Clause 2, Article 56 of the 2014 Law on Marriage and Family stipulates: "In case the spouse of the person declared missing by the Court requests divorce, the Court shall grant divorce".

The issue of divorce when a person is declared missing is also stipulated in Clause 2, Article 68 of the 2015 Civil Code: "In case the spouse of the person declared missing requests divorce, the Court shall grant divorce according to the provisions of the law on marriage and family".

Thus, the provisions of the Law on Marriage and Family in 2014 allow the wife or husband of the person declared missing by the Court to have the right to request the Court to resolve the divorce according to the provisions of law. The Court has issued a decision declaring you missing, so your husband's request for divorce is in accordance with the provisions of law.

In addition, Article 57 of the Law on Marriage and Family in 2014 stipulates the time of termination of marriage and the responsibility for sending divorce judgments and decisions: "Marriage relations cease from the date the court's divorce judgment or decision takes legal effect".

Based on the provisions of law, the marriage relationship between you and your husband has ended from the date the court's divorce judgment or decision takes legal effect. There is no longer a marital relationship between you and your husband.

Article 70 of the 2015 Civil Code stipulates the cancellation of decisions declaring missing persons as follows:

“1. When the person declared missing returns or there is verified news that the person is still alive, at the request of that person or of a person with related rights and interests, the Court shall issue a decision to cancel the decision declaring that person missing.

2. The person declared missing returns to receive the property transferred by the property manager after paying management costs.

3. In case the spouse of the person declared missing has been divorced, even if the person declared missing returns or there is verified news that the person is still alive, the divorce decision still has legal effect.

Based on the provisions of law, when you return, your divorce decision of the couple is still valid. However, you can request the court to cancel the decision declaring your disappearance. If you and your husband want to reconnect the marriage relationship, you must carry out the marriage registration procedures according to the provisions of law.

The above is the advice of the lawyer. I hope you have a basis to remove your obstacles.