Principles of common property division upon divorce

Divorce is considered an unlucky thing, so in daily life, people hardly ever mention this issue. However, for this reason, to ignore the relevant legal provisions is a serious omission. The following article will provide our Clients with information about the principles of common property division upon divorce.

1. How to divide the common property of spouse

The common property of spouses will be divided according to the agreement between the husband and wife or by decision of the Court.

The law gives priority to the division of common property in the direction of agreement. However, in case, the two parties do not reach an agreement or the agreement is unclear or the agreement is invalid, the Court will consider and settle the property according to the provisions of law.

>>> Read more: Division of land use rights upon divorce

Principles of common property division upon divorce

2. Principles related to the division property of husband and wife upon divorce

The common property of spouses is in principle divided equally, but considering the factors below:

First, the situation of the family and of the husband and wife. Family circumstances are the status of a spouse legal capacity, behavioral capacity, health, property, and ability to work and generate income after divorce. The party facing more difficulties after the divorce is entitled to a larger share of the property than the other party or is given priority to receive the type of property to ensure the maintenance and stability of life.

Second, contribution of each party to the creation, maintenance and development of this property. The party that contributes more will receive more. In addition, the spouse who stays at home to take care of the family is considered an employee with income equivalent to the income of the other.

For example: When A (husband) divorces B (wife), the Court considers in the process of creating property and building a family, finds that A has contributed more in property and effort, after divorce, the share of property that A receives may be more than B.

Third, the division of property must protect the lawful rights and interests of the wife and minor or adult children who are disabled, have lost their civil act capacity, have no working capacity and have no financial resources to support themselves.

For example: When A (husband) divorces B (wife), B is the person who directly raises children after the divorce, the Court considers this factor to divide assets.

Fourth, 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 principle requires the division of property to ensure that husband and wife who are currently operating professionally can continue to practice; for husband and wife who are engaged in production and business activities to continue to produce and do business to generate income.

Fifth, depending on the characteristics of the place of residence, work and conditions of the husband and wife, the Court will decide who is entitled to divide the property in kind or by value; The party who receives a portion of the property in kind with a value greater than his/her share must pay the other party the difference in value.

>>> Read more: Principles of settlement of common property upon divorce

Principles of common property division upon divorce

3. Divorce lawyers service:

Specifically, after receiving all the information and documents provided by the client, our Lawyers will conduct the following tasks:

• Research all information and records provided by the client.

• Consult, and discuss the request to be resolved.

• Compose and prepare documents, they are necessary and correspond to the lawsuit request of the clients.

• Appointing Lawyers to work with the Court and in working sessions to protect the rights and interests of clients.

• Represent the clients to work and resolve all the problems relating to the issues clients.

• Publicize the processing of records, and regularly update information with clients so that the parties can monitor the work together.

>>> Read more: Debt payment obligations after divorce

Apolo Lawyers - Solicitors & Litigators is very willing to help you settle the dispute relating to debt payment obligations after divorce. So if you need any help, contact us via email at contact@apolo.com.vn or Hotline: (+84) 903 419 479.

APOLO LAWYERS