Husband missing for 5 years suddenly returns, wife remarried: Many legal troubles

Ms. B.T. L (in Ha Tinh) asked: I got married 10 years ago and have 1 son. My husband works as a seafarer, often away from home. 5 years ago, the fishing boat that my husband was on encountered an accident. My husband and two others went missing. The rescue team tried to search for many days but without results. The family also searched by all means but still received no news.

After half a year without news, the whole family thought my husband was dead and took the day of his disappearance as his death anniversary. 2 years ago, I became acquainted with my current husband. Initially, it was sympathy and help, then the two sides developed feelings.

Both families advised me to remarry because I am still young and life is still long. Listening to the family's advice, 1 year ago, I filed a request for the Court to declare my husband dead, and then filed for divorce. When there was a divorce decision, my current husband and I registered our marriage and got married. My parents-in-law treated me like a daughter and brought me to their new husband's house.

Family life was stable when an incident happened. 1 month ago, my ex-husband suddenly returned after many years of disappearance. Both families were very surprised.

Knowing that I had remarried, my ex-husband was extremely angry. He scolded me for being a betraying wife, not knowing how to wait but rushing to remarry. Every day he came to my house to cause trouble, making me extremely tired. He filed a petition to the Court requesting the cancellation of the death notice.

After that, my ex-husband asked me to leave my current husband and return to him. My ex-husband thought that he was still alive and that I married someone else was not in accordance with morality.

I don't know what to do because I am stuck in the middle. Do I have to return to my ex-husband as he requested? Please advise me, lawyer.

Regarding the legal issue you asked, lawyer Duong Thu Hien - Thanh Lam Law Company Limited - advises as follows:

Article 67 of the 2014 Law on Marriage and Family stipulates personal and property relations when husband and wife are declared dead and return as follows:

1. When the Court issues a decision to cancel the declaration that a person has died and the spouse of that person has not married another person, the marital relationship is restored from the time of marriage. In case there is a decision to divorce by the Court according to the provisions of Clause 2, Article 56 of this Law, the decision to divorce is still legally valid. In case the spouse of that person has married another person, the marital relationship is established after legal effect.

2. The property relationship of the person declared dead returning to the spouse is resolved as follows:

a) In case the marriage is restored, the property relationship is restored from the time the Court's decision to cancel the declaration of husband and wife as dead takes effect. Property obtained by husband and wife from the time the Court's decision on declaring husband and wife as dead takes effect until the decision to cancel the declaration of husband and wife as dead takes effect as personal property of that person;

b) In case the marriage is not restored, the property obtained before the Court's decision declaring the husband and wife dead is effective but has not been resolved for division, such as division of property upon divorce.

Based on the provisions of law, in case the Court issues a decision to cancel the declaration that your ex-husband has died and you have not married another person, the marital relationship will be restored from the time of marriage.

However, because she has registered her marriage with her current husband, the marriage relationship established later (the marriage relationship between her and her current husband) will be legally valid. She cannot re-establish the marriage relationship with her ex-husband. Her ex-husband's request to return is not in accordance with the provisions of law.

Of course, returning after many years when his wife and children have other families makes him not accept it immediately. You should sit down and talk, analyze the provisions of the law for him to understand. At the same time, you should also ask both families to talk so that he can let go of the old thing and start a new life.

The above is the advice of the lawyer. I hope you will soon remove your obstacles.