If my husband commits adultery, will I receive more assets when divorced in Vietnam?

If my husband commits adultery, will I receive more assets when divorced in Vietnam?

Hello, due to my husband's adultery, the couple can no longer live together. We are currently divorcing and having a dispute over division of common property. Let me ask, if my husband commits adultery, will I receive a larger share of the property? Thank you!

Reply:

Pursuant to Clause 2, Article 59 of the 2014 Law on Marriage and Family, common property shall be divided into two, taking into account the following factors:

a/ Circumstances of the family, husband and wife;

b/ Each spouse’s contributions to the creation, maintenance and development of common property. The housework done in the family by a spouse shall be regarded as income-generating labor;

c/ 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;

d/ Each spouse’s faults in the infringement of spousal rights and obligations.

=> According to this regulation in Vietnam, in principle, the common property of husband and wife will be divided in half, however, the 4 factors mentioned above will be taken into account.

In your case, your husband's adultery is a violation of the rights and obligations of husband and wife. Therefore, when dividing the common property of husband and wife, the Court will consider this error factor. Therefore, you can receive a larger share of assets if there are specific grounds to prove that your husband committed adultery in Vietnam.

If my husband commits adultery, will I receive more assets when divorced in Vietnam? (Image from the Internet)

Is a child under 36 months old automatically given to mother upon divorce in Vietnam?

My husband and I had an argument and my wife asked for a divorce. I have a baby who is only 18 months old this year. I have heard that if children are under 36 months old, when spouses divorce, they will automatically be given to their mother, is that true? Looking forward to your answers, thank you!

Reply:

In Clause 3, Article 81 of the 2014 Law on Marriage and Family, there are provisions as follows:

3. A child under 36 months of age shall be directly raised by the mother, unless the mother cannot afford to directly look after, care for, raise and educate the child or otherwise agreed by the parents in the interests of the child.

According to this regulation in Vietnam, when divorced, children under 36 months of age will be given priority to be given to the adoptive mother.

In case the mother is not qualified to directly care for, raise and educate the child or the parents have another agreement, the child can be given to the adoptive father.

=> Thus, when divorced, children under 36 months old are not automatically given to their adoptive mother in Vietnam.

If there is an act of intentionally infringing upon honor and dignity after divorce, can visitation rights of parents toward their minor children be restricted in Vietnam?

In case after divorce the husband commits an act of intentionally infringing upon honor and dignity of his wife, can the wife request the Court to restrict the right to visit the children? Hope to receive expert feedback on the above issue. Thank you.

Reply:

According to the provisions of Article 85 of the 2014 Law on Marriage and Family, restrictions on parents’ rights toward their minor children are prescribed as follows:

1. A parent shall have his/her rights toward a minor child restricted when:

a/ He/she is convicted of one of the crimes of intentionally infringing upon the life, health, dignity or honor of this child or commits acts of seriously breaching the obligations to look after, care for, raise and educate children;

b/ He/she disperses property of the child;

c/ He/she leads a depraved life;

d/ He/she incites or forces the child to act against law or social ethics.

2. On ạ case-by-case basis, a court shall itself, or at the request of the persons, agencies or organizations prescribed in Article 86 of this Law, issue a decision disallowing a parent to look after, care for and educate a child or manage the child’s own property or act as the child’s representative at law for between 1 and 5 years. The court may consider shortening this period of time.

These are behaviors that negatively affect the child's development, awareness, and education, so if you can prove that the husband's behavior violates one of the above contents, the person directly raising the child will be the one who directly raises the child or relatives have right to request the Court to limit the right to visit the child in Vietnam.

Best regards!