Procedures for considering that the agreement on matrimonial property regime is invalid in Vietnam

Procedures for considering that the agreement on matrimonial property regime is invalid in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Procedures for considering that the agreement on matrimonial property regime is invalid in Vietnam

Procedures for considering that the agreement on matrimonial property regime is invalid in Vietnam under Article 5 of Joint Circular 01/2016/TTLT-TANDTC-VKSNDTC-BTP are as follows:

- The following agencies, organizations, and individuals, in accordance with the civil procedure law, have the right to request the court to declare that the agreement on the husband and wife's property regime is invalid due to agreement on matrimonial property regime in the case specified in Clause 1, Article 50 of the Law on Marriage and Family:

+ Spouse or husband and wife have agreed on the property regime;

+ The infringed person, the guardian of the person whose lawful rights and interests are violated due to an agreement on the property regime of the husband and wife.

- The order and procedures for handling a request by the Court to declare that the agreement on the husband and wife's property regime is invalid shall comply with the provisions of the civil procedure law.

- In case the Court is dealing with a civil case related to the content of the agreement on the property regime of the husband and wife and requests the Court to consider the agreement on the property regime of the husband and wife to be invalid, the court must consider and decide whether the content of the agreement on the property regime of the spouses related to the disputed property is invalid or not.

In case the agreement on the husband and wife's property regime is partially or completely invalidated, the court must declare the agreement on the husband and wife's property regime to be partially or completely invalid in the judgment or decision to serve as a basis for settling the rights and obligations of the parties.

2. Common property obligations of husband and wife in Vietnam

According to Article 37 of the Law on Marriage and Family 2014, husband and wife have the following common property obligations:

- Obligations arising from transactions established under their agreement, obligations to pay damages under their joint liability as prescribed by law;

- Obligations performed by a spouse in order to meet the family’s essential needs;

- Obligations arising from the possession, use and disposition of common property;

- Obligations arising from the use of separate property for maintaining and developing common property or for generating major incomes for the family;

- Obligations to pay damages caused by their children as prescribed by the Civil Code;

 Other obligations as prescribed by relevant laws.

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