Property Division 07/02/2023
When husband and wife getting divorce in Vietnam and would like to divide property, there are 2 options to divide property according to Vietnamese Law.
Either both parties mutually agree on how the joint properties will be divided. In this case, you must send a request to the Court for the authentication of the agreement. It is the fastest and less expensive way.
Or, both parties disagree on how the properties should be divided. In such a case, you can resort to the Court to enforce the division of properties under Vietnamese laws.
When the husband and wife cannot reach an agreement. They shall resort to the Court to enforce the division of properties. However, according to the latest regulation of Vietnamese Law in 2023. It is not always a 50/50 split, the Court ruling may be based on many factors. Based on Article 59 Law on Marriage and Family 2014, the regulation stipulated that:
"Common property shall be divided into two, taking into account the following factors:
In short, the common property dispute during divorce is very complicated, so it requires a lawyer to participate in order to advise and best protect the rights of the couple. Disputes over common property usually consume a lot of time and costs. Therefore, it is best when divorced, husband and wife should sit down to agree on the division of property, which not only saves time and costs but also preserves at least the relationship of husband and wife after the divorce.
In case the two parties cannot come to an agreement, it is necessary to bring the case to court for settlement, then it is extremely necessary to ask a divorce lawyer in cases of common property disputes. The lawyer will advise you on how to distinguish between common property may also be different, so the lawyers will give you all detailed advice for you to understand. In the event that two spouses have different opinions on determining whether the property is separate or common, our lawyers will provide legal support to best protect your interests.
Apolo Lawyers is very confident to help you resolve your problem relating to property division in divorce. So, please contact us via Apolo Lawyers - Solicitors & Litigators or Hotline: (+84) 903.419.479 for more information.