Understanding the Circumstances of the Family and Spouses When Dividing Marital Property Upon Divorce

Based on Point a, Clause 4, Article 7 of Joint Circular 01/2016/TTLT-TANDTC-VKSNDTC-BTP, the regulations are as follows:

In cases where the policies on marital property according to statutory law are applied to divide property in divorce proceedings, the common property of the spouses is in principle divided equally. However, the following factors are considered to determine the proportion of property to be divided between the spouses:

"Circumstances of the family and of the spouses" refer to the status of legal capacity, behavioral capacity, health, property, the ability to generate income after divorce of the spouses, as well as other family members for whom the spouses have personal and property rights and obligations according to the Law on Marriage and Family. The party facing greater difficulties after the divorce is entitled to receive a larger share of the property than the other party or is prioritized to receive a type of property to ensure the maintenance and stability of their life, in line with the actual circumstances of the family and of the spouses.

The above is an explanation regarding the division of common property in divorce cases, considering the factor "Circumstances of the family and of the spouses" as stipulated by the regulations.

Respectfully!