Cambodian Law on Marriage and Family
This article is to bring a little hint about Cambodian Law on Marriage and Family into the world s attention. Throughout the text, from general information up to the analytical approached over the law herein will be covered.
This Law was adopted during the mandate of the State of Cambodia.
I. Marriage Procedure
Unless arisen from mutual agreement to enter into conjugal life, marriage cannot be proceeding. With reference to Chapter III, Article 3; A marriage is a solemn contract between a man and a woman in a spirit of love in accordance with the provisions of law and with the understanding that they cannot dissolve it as they please. This article has indirect imply that marriage
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In compliance to general principle of social-order mechanism, the Cambodian Law on Marriage and Family also requires other elements legal just to make any marriage a legal one. In Article 5 of Chapter II states, A marriage may be allowed for a man whose age is 20 years or more and a woman whose age is 18 years or more. Except, in the special case that the woman is pregnant with mutual consents
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However, marriage is prohibited under these conditions:
- a person whose sex is the same sex as the other;
- a person whose penis is impotent;
- a person who has leprous, tuberculosis, cancer or venereal diseases which are not completely cured;
- a person who is insane, and a person who has mental defect;
- a person who was bound by prior marriage which is not yet dissolved.
Moreover, marriage is prohibited when the following conditions come to existence:
A marriage between persons who are relatives by blood or who are relatives by marriage in
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Between the collateral, whether legitimate, illegitimate or adoptive, or whether from the same mother, the same father or the same parents, or whether relatives by blood or relatives by marriage up to the third level inclusively… (Article
.II. Grounds of Divorce:
In reflection to Article 3, A marriage is a solemn contract between a man and a woman in a spirit of love in accordance with the provisions of law and with the understanding that they cannot dissolve it as they please. The term: they cannot dissolve it as they please shows an indirect implication that divorce can only be
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Like the legal procedure for marriage, divorce may also be made on the ground of mutual divorcing consent.
Pursuant to Article 38: divorce is the legal termination of a marriage between a husband and wife who have been legitimately married and they are both still alive. Divorce cannot be entered when any party is deceased, that s why we have the term divorced and widowed.
Article 39 clearly tabulates the grounds for divorce as of the following:
1. desertion without a good reason and without maintenance of and taking care of the child;
2. cruelty and beatings, persecutions and looking down on the other spouse or his
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3. immoral behavior, bad conduct;
4. impotence of penis; and
5. Physical separation for more than one year.
III. Procedures for Divorce:
Procedures for divorce may be, to some extent, overwhelmingly sophisticated, since it has been of the opinion that divorce does not only bring negative aspects to the parties, but also to the society. The following paragraphs will deal with necessary reason for divorce, jurisdictional court, application procedures and other conditions applied in the divorcing procedures.
Complaint for divorce can be made by one party (husband or wife) or by both parties who mutually agreed to end their bonds of conjugal life (Article 40).
Any party or both party who whish to break
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However, to whom should the divorce complaint be forwarded to? Article 41 stipulates that the adjudicating jurisdiction for divorce lies with the People s Provincial or
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Procedures before the hearing
As addressed above, divorce does not only affect the divorcing parties, but the child(ren) as well as the State. So, indeed, the Law enacts different strategies for the court to reconcile the divorcing parties.
According to the Cambodian Law on Marriage and Family, the court is authorized to take reconciliation for three times, before the final judgment specifying the divorce judgment between the parties is issued. Moreover, during each reconciliation session, report must be radically written down in what we call reconciliation record. And apparently, reconciliation strategies deployed to all the three reconciliation sessions are not the same. Article 51 states that the period
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Due to the fact that marriage cannot be dissolved as the party please, concrete and sufficient evidence must be presented during the hearing to convince the judge to issue the divorce judgment and if necessary, the court may investigate the case.
However, divorce is easy if it is arisen from voluntary and mutual consent of both parties [absence of mistakes or external duress].
Divorce judgment is not one-stop (absolute), the
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IV. Effectiveness of Divorce
The Law on Marriage and Family does not provide any definition for the term divorce , but through my understanding, divorce is a legal rescission of a legal marriage, after the divorce judgment is issued.
Article 69 states that, a divorce ends a marriage from the day when the final judgment is announced. So as written above, only after the issuance of court s judgment, does the divorce is considered legal and so enforceable.
However, the case does not only end
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Custody of the child or children, would facilitate one party to have more property than another party who does not attain the legal custody of the child or children. The party to whom the child or children custodies are not fallen upon, is obliged to provide alimony, as per his or her ability or mutual consent until the said child or children reach majority age (Article 76).
Lay Vicheka is a translator for the most celebrated translation agency in the Kingdom of Cambodia, Pyramid Translation Co.Ltd.. He is now hoding other two professions: freelance writer for Search
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