Property division after divorce in Vietnam according to the latest regulation in 2023

Property Division 07/02/2023

Property division is a complicated procedure that easily causes controversary between husband and wife after divorce. So, in this article, Apolo Lawyers - Solicitors & Litigators will point out the regulation of property division in Vietnam according to the latest regulation in 2023

1. Property division in the event of divorce in Vietnam.

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.

2. The latest regulation in 2023 for property division after divorce in Vietnam.

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:

a/ Circumstances of the family, husband and wife;

b/ The contributions to the creation, maintenance and development of common property. The housework done in the family by a spouse shall be regarded as income-generating labor;

c/ Protecting the legitimate interests of each spouse in their production, business and career activities to create conditions for them to continue working to generate incomes;

d/ The faults in the infringement of spousal rights and obligations."

3. The role of lawyers in the case of common property disputes:

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.

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