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Factors affecting the ratio of property divided by husband and wife upon divorce under Vietnamese law

Divorce Counseling 15/09/2022

In case of applying the statutory property regime of husband and wife to divide the property of the husband and wife upon divorce, the common property of the husband and wife is in principle divided in half, but taking into the factors to ensure the rights and legitimate interests of the spouses and children. Apolo Lawyers - Solicitors & Litigators (Tel: (+84) 903. 419. 479) will provide the Client with the factors to determine the proportion of property that the spouses are divided.

In the case of applying the statutory property regime of husband and wife to divide the property of the husband and wife upon divorce, the common property of the husband and wife is in principle divided in half, but taking into the factors to ensure the rights and legitimate interests of the spouses and children. Apolo Lawyers - Solicitors & Litigators (Tel: (+84) 903. 419. 479) will provide the Client with the following factors to determine the proportion of the property that the spouses are divided:

1. Circumstances of the family and the husband and wife.

This situation is determined based on the status of legal capacity, behavioural capacity, health, property, and ability to work and generate income after the divorce of the spouses as well as other members. In a family where husband and wife have personal and property rights and obligations as prescribed by the Law on Marriage and Family.

The party facing more difficulties after the divorce is entitled to a larger share of assets than the other party or is given priority to receive the type of property to ensure the maintenance and stability of their life, but must be consistent with the actual circumstances of the family and the spouse.

2. The contribution of the spouse to the creation, maintenance and development of common property

The contribution of the spouse to the creation, maintenance and development of the common property is defined as the contribution of separate property, income, family work and labour of the spouse in the creation, maintenance and development of the common property. The party with more effort to contribute will be shared more.

Note: A wife or husband who stays at home to take care of children and family but does not work is counted as an employee with an income equivalent to that of a working husband or wife.

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Factors affecting the ratio of property divided by husband and wife upon divorce under Vietnamese law

3. Protect the legitimate interests of each party in production, business and profession so that the parties have conditions to continue working to generate income

This means that when dividing the common property of husband and wife, it is necessary to ensure that the husband and wife who are currently engaged in professional activities can continue to practice; husband and wife who are engaged in production and business activities may continue to produce and do business to generate income and must pay the other party the difference in property value.

However, it should be noted that the protection of the legitimate interests of each party in production, business and professional activities must not affect the minimum living conditions of spouses and minor children, adult children have lost their civil act capacity.

4. The fault of each party in violating the rights and obligations of husband and wife

This is determined as the fault of the spouse in violation of the personal, property rights and obligations of the other, leading to divorce.

For example: In case a husband commits domestic violence, unfaithfulness or property destruction, when settling a divorce, the Court must consider the fault of the husband when dividing the common property of the spouses to ensure protect the lawful rights and interests of the wife and minor children.

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Factors affecting the ratio of property divided by husband and wife upon divorce under Vietnamese law

5. Things to note when dealing with property in a divorce

When resolving property division upon divorce, the Court must consider protecting the lawful rights and interests of the wife, minor children and adult children who have lost their civil act capacity or are unable to work. and have no assets to support themselves.

For example: When dividing a house which is common property and is the sole residence of husband and wife, in case it cannot be divided in kind, the Court shall consider and decide for the spouse to directly raise the minor children or the children with limited or incapacitated civil acts receive in kind and pay the value corresponding to the portion of property divided among the husband or wife if the spouse requests.

We are proud to introduce a prestigious Law Firm in Ho Chi Minh City, Apolo Lawyers - Solicitors & Litigators. With a team of experienced lawyers and legal experts with highly specialized knowledge in the field of marriage and family, with a deep understanding of Vietnamese law, we commit that our clients will be solved divorce problems with the fastest progress and achieve their wishes by the law. Please contact us to be consulted and supported by Apolo Lawyers.

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