How are property handled after divorce in Viet Nam

Unilateral divorce in Vietnam occurs when one spouse requests a divorce without the other consent, requiring proof of serious marital violations. Asset division follows principles of equality, considering contributions, circumstances, and legal protections for spouses and children. Disputes can be resolved through negotiation or court decisions. For legal support and guidance on unilateral divorce procedures, Apolo Lawyers offers expert consultation and fast divorce services in Ho Chi Minh City. In case you need advice, please contact Apolo Lawyers with Email at contact@apolo.com.vn or Hotline (+84) 903 419 479 for the best advice and support.

1. What is unilateral divorce?

"What is unilateral divorce" refers to a situation where one spouse unilaterally requests a divorce when the marital life has become irreparably broken and cannot continue. According to the 2014 Law on Marriage and Family of Vietnam, the person requesting a unilateral divorce must prove that the other spouse has seriously violated marital obligations, making cohabitation impossible.

How are property handled after divorce in Viet Nam

2. Principles of Asset Division in Divorce

According to Article 59 of the 2014 Law on Marriage and Family, joint assets of spouses will be divided based on the principle of equality but with consideration of the following factors:

• The circumstances of each party.
• Contributions made to the accumulation of joint assets.
• Protection of the legitimate interests of both parties, especially women and children.
• Fault of either party in violating marital obligations.

3. Identifying Separate and Joint Assets

According to Article 43 of the 2014 Law on Marriage and Family, separate assets include:

• Assets received as gifts or inheritance.
• Assets owned before marriage.
• Assets formed from transactions using separate assets.

Joint assets are those accumulated during the marriage, regardless of whose name is on the ownership documents.

4. Resolving Asset Disputes After Divorce

In the event of a dispute, spouses can negotiate and agree on asset division. If no agreement is reached, the court will consider and divide the assets based on the principle of equality, taking into account the aforementioned factors.

5. Advice for Unilateral Divorce Cases

When pursuing a unilateral divorce, careful preparation is essential to ensure a smooth legal process and protect your rights. Here are key steps to consider:

• Gather evidence to identify separate and joint assets.
• Understand legal regulations and seek advice from a lawyer.
• Aim for amicable negotiation to avoid prolonged disputes.

​

How are property handled after divorce in Viet Nam

6. Apolo Lawyers provides consulting services on unilateral divorce procedures

When a husband commits adultery but refuses to agree to a divorce, a wife has the legal right to file for unilateral divorce in Vietnam. She must provide valid evidence of the affair and prove that the marriage has irretrievably broken down. Understanding what is a unilateral divorce, the grounds for unilateral divorce, and the divorce procedure in Vietnam helps women navigate the legal system effectively. Consulting an experienced family lawyer can provide additional guidance and ensure that legal rights are protected throughout the process.

To better understand the cases of unilateral divorces as well as divorce issues. You should find a reputable divorce lawyer to authorize a lawyer. Our company provides fast unilateral divorce services in Ho Chi Minh City such as:

• Advice on the right to request the Court to settle divorce;
• Advising on conciliation procedures at the grassroots level;
• Advise on divorce proceedings;
• Advising on grounds for divorce;
• Advising on regulations on consent divorce and divorce at the request of one party;
• Advice on principles of the property division upon divorce and procedures for property division;
• Advice on divorce settlement procedures at the Court.

Hopefully, with the information we shared above, Apolo Lawyers has helped you better understand the cases in which a unilateral divorce is not allowed. In order for the divorce to be resolved quickly, the divorce petitioner can conduct the divorce procedures by himself or ask for divorce procedures consulting service. When coming to the divorce procedure consulting service at Apolo Lawyers, with a team of knowledgeable legal consultants, they regularly guide and prepare divorce documents.

Divorce is a quite complicated procedure. If you still have any questions, do not hesitate to contact Apolo Lawyers – Solicitors & Litigators. Hotline: (+84) 903. 419. 479 and Email contact@apolo.com.vn to be supported and helped in the most optimal way.

>>> Read more: The Different Between Consensual Divorce and Unilateral Divorce Under Vietnamese Law

>>> Read more: Winning Child Custody in Unilateral Divorce Cases in Vietnam

APOLO LAWYERS