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Division Of Common Property In Case Of Consensual Divorce

Property Division 23/08/2022

Divorce is something no one wants to happen, however, if a divorce is obtained, the husband and wife can come to an agreement to all issues related to common property, children are precious things. So how does the law regulate the division of common property in case of consensual divorce? Apolo Lawyers - Solicitors & Litigators (Tel: (+84) 903.419.479) will help you analyze this issue.

1/ A consensual divorce: 

Consensual divorce is understood as the case in which husband and wife jointly request a divorce, have reached an agreement on the settlement of common property and children, then the Court will recognize the divorce agreement. 

If the parties cannot agree on one of the three issues mentioned above, for example, deciding to divorce and agree on the issue of child support and custody but disagree on the issue of property division, the agreement cannot be recognized as consensual divorce that the Court will handle the divorce dispute. 


2/ Division of common property in case of consensual divorce. 

When a husband and wife divorce, they have the right to reach an agreement on all issues, including the division of property. 

In the case of a consensual divorce, the husband and wife can agree to divide the property and support children in two ways as follows: 

The first way, the husband and wife ask the Court to recognize the consent of the divorce. Then, the husband and wife need to write clearly in the request that the husband and wife will come to an agreement on their own and not ask the Court to settle. In this case, the Court will issue a decision to recognize the consent of the divorce with the content of recognizing the divorce, the remaining issues will be agreed upon by the involved parties without requesting the Court to settle. Thus, by this way, if one of the spouses later wants to dispute the division of property or a dispute over child custody and support, it has the right to request the Court to resolve. 

The second way, the spouse ask the Court to recognize the consensual divorce, property division agreement or the agreement on child support in the petition and request the Court to recognize. The Court will issue a decision recognizing all of these issues. Thus, in the future, if one of the spouses wants to change their mind, they cannot request the Court to resolve the matter because this matter has been recognized by the Court, so it is considered to be settled. 


3/ The role of a lawyer in the case of property settlement upon consensual divorce. 

In order for the division of property upon the consent of divorce to be resolved quickly, the agreement on the property is in accordance with your will and protects your interests best, you should use the consulting services of a reputable law firm. Apolo Lawyers - Solicitors & Litigators, with a team of lawyers with many years of experience advising clients in divorce cases, will advise you and offer quick and time-saving solutions

>>>Read more: Consulting Lawyers Of Divorce Involving Foreign Elements

>>>Read more: Procedures For Implementing Consensual Divorce

Apolo Lawyers - Solicitors & Litigators will help you with your issues. If you have any questions about divorce procedures, do not hesitate to contact us via Apolo Lawyers - Solicitors & Litigators or Hotline (+84) 903.419.479