DIVORCE: CHILDREN AND PROPERTY

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"AN NGUYÊN - AN TÂM GỬI TRỌN NIỀM TIN"

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"AN NGUYÊN - AN TÂM GỬI TRỌN NIỀM TIN"

DIVORCE: CHILDREN AND PROPERTY

Compared to the Marriage and Family Law No. 22/2000 / QH10 (the “Old Law”), the Marriage and Family Law No. 52/2014 / QH13 (the “New Law”) takes effect from January 1, 2015, has some changes in the principle of settlement husband and wife‘s common property and the custody children arrangement after divorce.

The principle of settlement husband and wife‘s common property

In case of applying the agreed matrimonial property regime, the settlement of property upon divorce must comply with such agreement. In case the agreement is insufficient or unclear, the settlement must comply with the law.

Common property shall be divided into two, taking into account the following factors:

  • The circumstances of the family, husband, and wife; each spouse’s contribution to the creation, maintenance, and development of common property, the housework is done by a spouse shall be regarded as income-generating work; protecting the legitimate interests of each spouse in their production, business and career activities to create conditions for them to continue working to generate incomes.
  • In addition, New Law also regulates that each spouse’s faults in the infringement of spouse’s rights and obligations shall be considered as an element in dividing the common property.

The custody children arrangement

Husband and wife shall reach agreement on the person who directly raises their children and on each other’s obligations and rights after divorce.

However, according to New Law, if a child is full 7 years or older, his/her desire shall be considered and the Old Law regulated the age of children in this case is 9 years old.

A child under 36 months of age shall be directly raised by the mother. In case the mother cannot afford to directly look after, care for and raise the child, husband and wife shall make an agreement in the interests of the child.

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