Luật sư Nguyễn Hữu Phước

In the answers to other relevant questions in this Book, it sets out how to divide properties such as a capital contribution in limited liability companies. In this question, in the case of properties being shares in joint stock companies, when dividing the common properties of the spouses upon divorce, the same principles we still…

In principle, the divorcing spouses are entitled to negotiate on all matters, including the division of properties. In cases where the spouses cannot reach an agreement on common property division, they can submit a request to the Court. The Court will consider and decide to apply the matrimonial regime according to the law (except for…

The Law on Marriage and Family does not regulate specifically the division of common properties of the spouses such as a contribution in a limited liability company in conditional business lines requiring certain occupational certificates or kinds of licenses for individuals. Under the principles prescribed by the Law on Marriage and Family 2014 on spouses’…

The capital contribution in an enterprise is the total value of assets contributed or committed to contribute by a member to a limited liability company[2]. According to Article 4.7 of the Law on Enterprises, an enterprise is an organisation with its own properties. The assets of the company acquired in the initial stage after its…

Requesting the Court to resolve the common property division of the spouses upon divorce is the right of the spouses. As a rule, the Court cannot refuse to accept any legitimate requests of the people/citizens. During the marriage period, the common properties of the spouses, as defined in the previous sections, include real estate and…