Divorce is never easy, especially because it can take your properties away. In Vietnam, there are two options for you to divide your joint property in the event of a divorce.
- Either both parties mutually agree on how the joint properties will be divided. In this case, you must send a request to the Court for the authentication of the agreement. It is the fastest and less expensive way.
- Or, both parties disagree on how the properties should be divided. In such a case, you can resort to the Court to enforce the division of properties under Vietnamese laws. It is not always a 50/50 split, the Court ruling may be based on many factors, such as:
a) Current status of your family;
b) Your respective contribution to the creation, maintaining, and development of the property;
c) Your lawfully rights and interests;
d) Your respective fault in violation of wife/husband rights and obligations (such as adultery); and
e) Etc.
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Division of properties does not necessarily mean a physical division. Instead, the Court may award each of you a percentage of the total value of the property. For instance, in a 50/50 split, you can be awarded 70% of the joint property (for instance 70% of the house value) but you must pay your spouse an equivalent of 20% to make up for the difference.
It seems easy but the most difficult part is how to identify which one is a separate property, which one is a joint property and the ratio of contribution. Separate property is a property that existed before marriage; a property that a spouse is inherited or gifted in his/her own name and earnings from that property; etc. Joint property includes all earnings during marriage and everything acquired with those earnings.
The Court procedure for division of property may differ, commonly around 4 to 6 months, or one to two years in some special cases. It is better to consult a marriage lawyer before you proceed with the divorce.
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