Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Friday, April 9, 2021

Vietnamese Law: Agreement on Matrimonial Property Regime of Spouses

From Lexology:

Similar to Belgium, China, French and the United States of America, Vietnamese law on marriage and family also prescribes two matrimonial property regimes of spouses, includes: the statutory property regime and the agreed property regime, so husband and wife are entitled to choose one of the two regimes.

The agreed property regime of spouses is the agreement in writing about matrimonial property regime established based on voluntary principle prior to marriage. Content of the agreement discussed, negotiated and agreed together both parties, about issues on their properties in the marriage period, includes bases for determining properties; rights and obligations of spouses to common properties, separate properties; and cases as well as property division rules between husband and wife. After the establishment, this agreement is a legal ground to regulate rights, obligations to their properties during the marriage period.

The Vietnamese Law on Marriage and Family 2014 bears a resemblance to the Legislative System of France, which it sets requirements of forms, content, and effectiveness against third parties.

Read more here.

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