Division of common property of spouses upon divorce in Vietnam

In the case of a statutory matrimonial property regime, the property settlement is agreed upon by the parties; if no agreement can be reached, at the request of the spouse or both spouses, the Court will settle the matter according to the provisions of Clauses 2, 3, 4 and 5, Article 59 and Articles 60, 61, 62, 63 and 64 of Law on Marriage and Family No. 52/2014/QH13 dated June 19, 2014.

Lawyers in Da Nang, Vietnam advise on division of common property of spouses upon divorce in Vietnam; upon divorce, spouses have the right to agree with each other on all issues, including property division; when settling a divorce, if there is a request to declare an agreement on the matrimonial property regime invalid, the Court will consider and resolve it at the same time as the request to divide the property of spouses upon divorce; when dividing the property of spouses upon  divorce, the Court must determine whether or not the spouses have property rights and obligations towards a third person in order to bring the third person to participate into the proceedings as a person with related rights and obligations; the common property of spouses is in principle divided equally, but relevant factors are taken into account; the value of common property of spouses and separate property of a spouse is determined according to market price, when settling property division upon divorce, the Court must consider to protect the lawful rights and interests of the wife, minor children, adult children who have lost civil act capacity; legal basis and provisions of the law.

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