What is division of property in divorce when husband commits adultery in Vietnam?

What is division of property in divorce when husband commits adultery in Vietnam?

Pursuant to Article 59 of the Law on Marriage and Family 2014 on principles of settlement of property of husband and wife upon divorce, accordingly:

1. The settlement of property shall be agreed upon by the concerned parties in case of applying the statutory matrimonial property regime. If they fail to reach agreement thereon, at the request of a spouse or both, a court shall settle it according to Clauses 2, 3, 4 and 5 of this Article and Articles 60, 61, 62, 63 and 64 of this Law.

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 corresponding provisions of Clauses 2, 3, 4 and 5 of this Article and Articles 60, 61, 62, 63 and 64 of this Law.

2. 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.

3. Common property of husband and wife shall be divided in kind, if impossible to be divided in kind, common property shall be divided based on its value. The partner who receives the property in kind with a value bigger than the portion he/she is entitled to receive shall pay the value difference to the other.

4. Separate property of a spouse shall be under his/her ownership, except for separate property already merged into common property in accordance with this Law.

A spouse who requests division of separate property which has been merged into or mixed with common property shall be paid for the value of his/her property contributed to common property, unless otherwise agreed by husband and wife.

5. The lawful rights and interests of the wife, minor children or adult children who have lost their civil act capacity or have no working capacity and no property to support themselves shall be protected.

6. The Supreme People’s Court shall assume the prime responsibility for, and coordinate with the Supreme People’s Procuracy and the Ministry of Justice in, guiding this Article.

According to Point d, Clause 4, Article 7, Joint Circular 01/2016/TTLT-TANDTC-VKSNDTC on principles for resolving property of husband and wife upon divorce as follows:

The fault of each party in violating the rights and obligations of the couple is the fault of the spouse in violating the personal and property rights and obligations of the couple, leading to divorce.

According to this Article, when your husband commits adultery or is unfaithful, the Court will consider this fault factor when dividing common property to ensure the legal rights and interests of you and your minor children in Vietnam.

What is division of property in divorce when husband commits adultery in Vietnam? (Image from the Internet)

How much does a divorce by mutual consent cost in Vietnam?

Pursuant to Section B on the list of court fees in the List of court fees and charges issued with Resolution 326/2016/UBTVQH14 as follows:

Thus, according to the above regulations in Vietnam, the Court fee when resolving requests to recognize mutual consent divorce, child custody agreement, and property division upon divorce is 300,000 VND.

Best regards!