Agreement on Spousal Asset Policies Declared Null and Void by the Court Under Current Regulations: In Which Cases?

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When is an agreement on marital property policies declared void by the Court?

Pursuant to Clause 1, Article 50 of the Law on Marriage and Family 2014, agreements on marital property policies can be declared void by the Court in the following cases:

- Failure to comply with the validity conditions of transactions as prescribed in the Civil Code 2015 and other relevant laws.

- Violation of one of the regulations specified in Articles 29, 30, 31, and 32 of the Law on Marriage and Family 2014.

- The content of the agreement severely violates the rights to alimony, inheritance, and other legitimate rights and interests of parents, children, and other family members.

When is an agreement on marital property policies declared void by the Court? (Image from the Internet)

What are the procedures for reviewing an annulled agreement on marital property policies?

According to Article 5 of the Joint Circular 01/2016/TTLT-TANDTC-VKSNDTC-BTP, the procedures for reviewing an annulled agreement on marital property policies are as follows:

- The following agencies, organizations, or individuals, as stipulated by civil procedure law, have the right to request the Court to declare an agreement on marital property policies null and void due to violating Clause 1, Article 50 of the Law on Marriage and Family 2014:

+ Spouses or their parties who agreed on the property policies.

+ Individuals whose rights and lawful interests are infringed upon, or the guardians of such individuals due to the agreement on marital property policies.

- The order and procedures for processing the request for the Court to declare the agreement on marital property policies null and void shall be conducted in accordance with the civil procedure law.

- In cases where the Court is handling a civil case related to the content of the agreement on marital property policies and there is a request for the Court to review the agreement on marital property policies, the Court must review and decide whether the agreement on marital property policies relating to the disputed assets is null and void.

In cases where the agreement on marital property policies is partially or wholly null and void, the Court must declare the agreement on marital property policies void in part or entirely in the judgment or ruling to serve as a basis for resolving the rights and obligations of the parties involved.

How to determine an agreement on marital property policies is void?

According to Article 6 of the Joint Circular 01/2016/TTLT-TANDTC-VKSNDTC-BTP, the determination of an agreement on marital property policies being void is as follows:

- An agreement on marital property policies may be declared wholly or partially null and void by the Court.

+ If the agreement on marital property policies is declared wholly null and void, the statutory marital property regime shall apply.

+ If the agreement on marital property policies is partially null and void, the unaffected portions shall still be applied; for the nullified parts, the corresponding statutory marital property policies shall apply.

- The Court shall decide to declare an agreement on marital property policies null and void when it falls under the cases specified in Clause 1, Article 50 of the Law on Marriage and Family, and note the following specific cases:

+ An agreement on marital property policies is void due to a violation of the right to a guaranteed residence of a spouse, which is a situation where the agreement allows one party to dispose of the marital home leading to a lack of residence or failing to ensure minimal residential conditions, amenities, safety, and environmental hygiene as stipulated by housing laws.

+ The content of the agreement on marital property policies is void due to severely violating the rights to alimony, inheritance, and other legitimate rights and interests of parents, children, and other family members if the agreement aims to:

 ++ Avoid the obligation of alimony. ++ Or deprive the inheritance rights of those heirs who are not dependent on the testament contents as prescribed by the Civil Code or violate other legitimate rights and interests of parents, children, and other family members.