The settlement this asset and common children after how divorce ?
17/06/2021 12:56
In fact, divorce deep influence to the interest of the marital, of the family and the social. By the way, when getting a divorce, requestment dispute resolution about custody of children and common asset is the problem cannot be avoiced. So, in order to help the customers have the entire sight for this problem, the DAP law would consultant to Solvent this asset and common children after divorce
I. Basis legal
- Law on marriage and family 2014
II. Contents
The first about the property relations
- 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.
-Common property shall be divided into two, taking into account the following factors:.jpg)
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.
- 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.
- 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.
The second, common children relation
* Looking after, care for, raising and education of children after divorce
- After a divorce, parents still have rights and obligations to look after, care for, raise and educate minor children or adult children who have lost their civil act capacity or have no working capacity and no property to support themselves in accordance with this Law, the Civil Code and other relevant laws.
- Husband and wife shall reach agreement on the person who directly raises their children and on his and her obligations and rights toward their children after divorce. If they fail to reach agreement, the court shall appoint either of them to directly raise the children, taking into account the children’s benefits in all aspects. If a child is full 7 years or older, his/ her desire shall be considered.
- 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.
* Obligations and rights of the parent who does not directly raise children after divorce
- The parent who does not directly raise a child shall respect the child’s right to live with the person who directly raises him/her.
- The parent who does not directly raise a child shall support this child.
- After divorce, the person who does not directly raise a child has the right and obligation to visit and care for this child without being obstructed by any person.
- The parent who directly raises a child has the right to request a court to restrict the right of the other parent who does not directly raise this child if the latter takes advantage of his/her visit to and care for the child to obstruct or adversely affect the looking after, care for, raising and education of this child.
* Obligations and rights of the parent directly raising children toward the person not directly raise children after divorce
- The parent directly raising a child has the right to request the person not directly raising this child to fulfill the obligations prescribed in Article 82 of this Law and request this person and family members to respect his/her right to raise the child.
- The parent directly raising a child and family members may not obstruct the person not directly raising the child from visiting, caring for, raising and educating this child.
With a team of experienced lawyers in the work, there are responsibilities for customers. Dai An Phat law always provides litigious service to handle cases, dispute resolution about marriage and family; inherit; land…
- Law on marriage and family 2014
II. Contents
The first about the property relations
- 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.
-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.
- 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.
- 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.
The second, common children relation
* Looking after, care for, raising and education of children after divorce
- After a divorce, parents still have rights and obligations to look after, care for, raise and educate minor children or adult children who have lost their civil act capacity or have no working capacity and no property to support themselves in accordance with this Law, the Civil Code and other relevant laws.
- Husband and wife shall reach agreement on the person who directly raises their children and on his and her obligations and rights toward their children after divorce. If they fail to reach agreement, the court shall appoint either of them to directly raise the children, taking into account the children’s benefits in all aspects. If a child is full 7 years or older, his/ her desire shall be considered.
- 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.
* Obligations and rights of the parent who does not directly raise children after divorce
- The parent who does not directly raise a child shall respect the child’s right to live with the person who directly raises him/her.
- The parent who does not directly raise a child shall support this child.
- After divorce, the person who does not directly raise a child has the right and obligation to visit and care for this child without being obstructed by any person.
- The parent who directly raises a child has the right to request a court to restrict the right of the other parent who does not directly raise this child if the latter takes advantage of his/her visit to and care for the child to obstruct or adversely affect the looking after, care for, raising and education of this child.
* Obligations and rights of the parent directly raising children toward the person not directly raise children after divorce
- The parent directly raising a child has the right to request the person not directly raising this child to fulfill the obligations prescribed in Article 82 of this Law and request this person and family members to respect his/her right to raise the child.
- The parent directly raising a child and family members may not obstruct the person not directly raising the child from visiting, caring for, raising and educating this child.
With a team of experienced lawyers in the work, there are responsibilities for customers. Dai An Phat law always provides litigious service to handle cases, dispute resolution about marriage and family; inherit; land…
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