Dividing Assets in a Unilateral Divorce in Vietnam: A Legal Guide

Navigating the complexities of a unilateral divorce in Vietnam? Dividing assets in a unilateral divorce is often a source of confusion. This guide, powered by legal insights from NT International Law Firm, provides clarity and empowers you to make informed decisions.

Dividing Assets in a Unilateral Divorce in Vietnam: A Legal Guide

Unilateral Divorce Defined:

When one spouse initiates divorce without the other’s consent, it’s considered a unilateral divorce. This typically involves disagreements over divorce itself, child custody, or asset division.

Can Assets Be Divided in a Unilateral Divorce?

Can Assets Be Divided in a Unilateral Divorce?

Yes, both parties have the right to divide assets after a marital dissolution, regardless of whether it’s unilateral or voluntary. However, the principles governing asset division differ in each case.

Common Property and the Law:

The Law on Marriage and Family 2014 defines “common property” as assets jointly created during the marriage. Both spouses have equal enjoyment rights to this property.

Principles for Dividing Assets in a Unilateral Divorce:

1. Premarital Agreement: If a written, notarized agreement existed before marriage defining the marital property regime, it takes precedence. If the agreement is incomplete, the division will be based on relevant legal provisions.
2. No Premarital Agreement: In this scenario, both parties can agree on the division of assets at the time of divorce. This agreement, however, must be approved by the court and recorded in the judgment.

Two Paths for Asset Division:

1. Agreement-Based Division: This preferred method allows spouses to decide on the division themselves, respecting each other’s independent rights and preferences. The court only approves and records the agreement.
2. Court-Mediated Division: If agreement is impossible, the court steps in. It will divide common property equally, considering factors like:
   • Family circumstances and contributions of each spouse.
   • Protecting the rights of both parties in work and income generation.
   • Fault of either spouse in violating marital obligations.
   • Property divisibility – in-kind if possible, with value adjustments if not.
   • Separate property remains protected unless converted into common property with documented proof.

Protecting Vulnerable Parties:

During asset division, the court prioritizes the rights of:

• The spouse (usually the wife).
• Minor children.
• Adult children with disabilities or unable to work.

Converting Unilateral Divorce to Uncontested Divorce:

Faced with the complexities of unilateral divorce, many couples ultimately choose a conciliated approach. This allows them to agree on crucial issues like asset division and child custody, converting the process to an uncontested divorce.

Key Points to Remember:

• Clearly identify common property acquired during the marriage.
• In case of disputes, the burden of proving separate property lies with the claiming party.
• Asset division doesn’t affect pre-existing property rights vis-à-vis third parties unless agreed upon differently.

Seek Expert Guidance:

Navigating asset division in a unilateral divorce can be challenging. Consulting a qualified lawyer specializing in family law can ensure a smooth and fair process, protecting your rights and interests.

With NT International Law Firm by your side, you can navigate the complexities of a unilateral divorce and reach a satisfactory resolution regarding asset division.

NT International Law Firm is Here to Help

NT International Law Firm is Here to Help

NT International Law Firm has addressed the question of whether in a unilateral divorce assets can be divided between the spouse. If you have any further questions or concerns regarding family law, please contact our law firm immediately for expert legal advice.

If you require any legal assistance, please feel free to reach out to us via phone at 090 252 4567 or through email: info@ntpartnerlawfirm.com. At NT INTERNATIONAL LAW FIRM, our team is committed to offering you prompt and personalized advice.

You also might be interested in:

• The 2015 Civil Code in English
• The 2014 Law On Marriage and Family in English