The validity of the agreement on common property division during the marriage period is determined as follows[2]: Firstly, based on the effective time agreed upon by the spouses which is stated in the agreement on common property division during the marriage period; Secondly, if such effective time is not stated in this written agreement, it…
To whom the yields and profits arising from divided properties under the spouses’ agreement belong during the marriage period? Who will be held responsible for the expenses arising from such divided properties? The property division during the marriage period is not entirely new in the current property transactions of spouses. As a general rule, yields…
The division of the common properties of the spouses shall be conducted if both spouses wish to separate their common properties and still have a matrimonial relationship. This constitutes the spouses’ basic right during the marriage period which is recognised and protected by law. If the spouses want to divide their common properties during their…
What types of tangible and intangible properties do the common properties of the spouses include? First of all, there is a general understanding of what property is. As clearly defined in the Civil Code 2015, property comprises objects, money, valuable papers, as well as property rights[4]. According to physical characteristics, the property can be divided…
Currently, in many cases of divorce, it is quite difficult to handle requests on property separation during the marriage period when it comes to money and jewelry given to the groom and bride by their families, relatives, and guests at the wedding. The fact is that no legal document provides guidance on this matter. The…
There are many spouses who cannot accurately identify their common properties and separate ones during the marriage period. Nevertheless, the determination on separation of the common properties is fairly important in case such properties are subject to dispute between the spouses or between the spouses and any third party. Spouses’ common properties during their marriage…
Under the applicable laws, after a divorce, the non-custodial parent must pay child support to his or her children according to the parent’s agreement or the Court’s decision. This regulation is set out to be suitable, reasonable and consistent with the ethics and cultural traditions of Vietnam, as even if the parents are divorced, the…
When a non-custodial parent has the obligation to provide child support under the Court’s judgement or decision upon divorce, but that he or she does not voluntarily perform or evades the obligations, the custodial parent has the right to request the judgement enforcement agency to enforce the Court’s decision or judgement. However, the process of…
According to the law, the payment of child support will be proceeded monthly, quarterly, semi-annually, annually, or a one-off basis. If the obligor has financial difficulties disabling him/her to perform the support obligation, the obligor is entitled to negotiate with the other spouse or to request the Court to change the support method[2]. A Court’s…
The act of failing to provide support is understood as a person who has obligation to provide support to a particular individual as prescribed by law or under a Court’s judgement or decision, but intentionally fail to comply while he or she has sufficient conditions to fulfill his or her obligations. Based on the legally…