Sharing of expertise
Question 67: If a third party makes a transaction with a spouse without being aware that the common properties of the spouses have been divided under an agreement on common property division between the spouses, how would liability arising from the common properties be settled?
The spouses can select an agreement on the matrimonial property regime based on the principle of freedom and voluntariness together on the establishment and performance of their property rights and obligations[2]. This agreement may be a notarised or certified document such as a marriage proposal, prenuptial agreement or pre-marriage agreement. Some contents of such agreement…
Question 66: Could a spouse change the content or cancel the agreement on common property division during the marriage period after such agreement takes effect? Is it required to notarise or certify the cancellation of such agreement? Is it necessary to notify the creditors of both spouses? Will the properties previously divided by the spouses become their common properties again or they are still the separate properties of each spouse and only the properties arising from the time of the cancellation agreement of such agreement on common property division be the spouses’ common properties?
As analysed in the previous section, in order for the agreement on common property division during the marriage period to take effect, this agreement must be made in writing and notarised at a notary practice organisation at both spouses’ request or in accordance with the law. It must also follow certain transaction form as provided…
Question 65: When is the validity time of the agreement on common property division during the marriage period?
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…
Question 64: According to the Law on Marriage and Family, the spouses are entitled to divide a part or the whole of the common properties of the spouses. So, who shall be entitled to or responsible for the yields, profits and expenses arising from such divided properties? Are there any types of properties which cannot be divided? Are there any circumstances under which the spouses are not entitled to divide their properties? Does the agreement on common property division require the intervention of a witnesses? Is such agreement required to be notarised or certified?
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…
Question 63: Are both the spouses entitled to negotiate on the division of common properties of the spouses and to determine the time when other properties formed from that point onwards will be the separate properties of its creator during their marriage period? Is a confirmation from any State authority required?
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…
Question 62: What types of tangible and intangible properties do the common properties of the spouses include? Will property rights to intellectual property objects such as copyrights, rights to buy shares, memberships in social and professional associations, right to promise to buy, sell, and benefit in any third party’s testament formed during the marriage period be considered as the spouses’ common properties? Will the yields and profits arising from a spouse’s separate properties during the marriage period be considered as their common properties? Will properties be formed from such yields and profits be considered as their common properties?
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…
Question 61: Are gifts such as money and jewellery given to groom and bride by their families, relatives and guests in the wedding considered as the common properties of the spouses?
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…
Question 60: Which properties are considered by the law as common properties of the spouses during the spouses’ marriage period when divorcing?
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…
Question 59: If the custodial parent does not want to receive child support from the non-custodial parent since he or she believes that his or her own financial situation is sufficient for the children, what does the non-custodial parent have to do in order to compel the custodial parent to receive the child support and use it on caring, nurturing, and educating the children?
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…
Question 58: How does the judgement enforcement agency collect the payment for child support from the non-compliance parent? By deducting it from his or her salary through bank accounts or by seizing and selling his or her properties?
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…