Luật sư Nguyễn Hữu Phước

In a divorce case, personal issues and properties can be said to be a matter of the private affairs of the spouses. Though, in reality they also have material obligations to a third party. However, for the issue of their children, this is no longer their sole problem, it may also widen the problem to…

Under the Law on Marriage and Family, parents are obliged to look after, nurture, care for and protect the legitimate rights and interests of their minor children, or adult children who have lost their civil act capacity, or those cannot work, and have no property to support themselves, during the marriage period and even after…

The Law on Marriage and Family stipulates that the Court can decide to change the custodial guardian when there is a request from one of the following individuals, agencies, organisations: Parents; Next of kin; State agencies managing matters of family; State agencies managing matters of children; or Women’s Union. Thereby, the applicable laws do not…

While waiting for the Court to resolve the divorce case, the two spouses are still legally recognised as spouses[2]. Therefore, both the spouses are equal in rights and obligations to care, nurture, and educate their children. If either spouse wishes to have sole custody of the children during this time, he or she may negotiate…

When the divorce process is carried out, property division and child custody are the issues likely to be in dispute. Especially for child custody, even if there is a decision of a competent Court, problems related to the caring of, nurturance for, and education of the children still potentially occur between father and mother, at…