What is the latest application form for separation in 2022? What are the regulations on common property division during separation? Is it compulsory for separation to be processed by the court in Vietnam?
What is separation? Is it compulsory for separation to be processed by the court in Vietnam?
Currently, according to the provisions of the Law on Marriage and Family 2014 in particular and the law of Vietnam in general, there is no regulation on separation. Therefore, even if you and your spouse agree to separate, you and your spouse are still considered within the marriage period.
According to the most common understanding, the concept of separation is understood as a couple living together without divorce but no longer consider each other as husband and wife and do not carry out a married life.
After the separation process, if the couple falls into an irresolvable situation, they can proceed with divorce settlement procedures in accordance with the law.
What are the regulations on common property division during separation in Vietnam?
As analyzed above, the law does not have provisions on separation, so in the case of separation of husband and wife, it is still considered during the marriage period. Therefore, if during the separation period, the couple wants to divide their property, they can divide the common property as in Article 38 of the Law on Marriage and Family 2014 as follows:
“Article 38. Common property division during the marriage period
1. During the marriage period, except the case prescribed in Article 42 of this Law, husband and wife have the right to reach agreement on division of part or whole of common property. If they fail to reach agreement, they have the right to request a court to settle it.
2. An agreement on common property division shall be made in writing. This agreement shall be notarized at the request of husband and wife or as prescribed by law.
3. At the request of a spouse, a court shall settle the common property division according to Article 59 of this Law.”
Common property division during the marriage period shall be invalidated when:
- It seriously harms the family’s interests; or lawful rights and interests of minor children or adult children who have lost their civil act capacity or have no working capacity and no property to support themselves;
- It aims to shirk the following obligations: Raising and support obligations; Damages payment obligations; Payment obligations when declared bankrupt by a court; Debt payment obligations; Tax payment obligations or other financial obligations toward the State; Other property obligations as prescribed by this Law, the Civil Code and other relevant laws.
- An agreement on common property division shall be made in writing. This agreement shall be notarized at the request of husband and wife or as prescribed by law.
- At the request of a spouse, a court shall settle the common property division according to Law.
Thus, separated spouses can agree on the division of common property if not in the cases where common property division during the marriage period is invalidated as above.
What is the latest application form for separation in 2022? What are the regulations on common property division during separation? Is it compulsory for separation to be processed by the court in Vietnam? (Image from the internet)
What is the latest application form for separation in Vietnam?
- The latest application form for separation in 2022:
Download the latest application form for separation 2022: Click here.
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