The Agreed Matrimonial Property Regime in Vietnam: Pros and Cons

I. Legal Basis

• Law on Marriage and Family No. 52/2014/QH13 dated June 19, 2014, effective from January 1, 2015, as amended and supplemented by Law No. 81/2025/QH15 (The 2014 Law on Marriage and Family).

II. Regulations on the Agreed Matrimonial Property Regime

• Concept: The agreed matrimonial property regime is established by a man and a woman before marriage on a voluntary and equal basis, replacing the statutory property regime.
• Core Content: According to Clause 1, Article 48 of the 2014 Law on Marriage and Family, the agreement must include:
  • Identification of common property and separate property of each spouse;
  • Rights and obligations of the spouses regarding common and separate property, related transactions, and property ensuring the family's essential needs;
  • Conditions, procedures, and principles for property division upon termination of the regime;
  • Other relevant contents.

III. Advantages of Choosing the Agreed Matrimonial Property Regime

• Ensuring Freedom of Agreement within Legal Boundaries: The principle of equality and freedom of agreement is fundamental in civil law. Spouses have the right to proactively manage, use, and dispose of their property, provided the agreement does not violate legal prohibitions or social ethics. This flexibility allows couples to tailor regulations to their specific circumstances and needs.
• Enhancing Financial Responsibility: By establishing a clear agreement, each spouse becomes fully aware of their property rights and those of their partner. This fosters respect for separate property and enhances responsibility in managing and developing common assets.
• Ensuring Fairness in Financial Relations: This regime promotes fairness by distinguishing between household labor and income-generating labor. In cases where one party contributes significantly more to the asset creation while the other contributes minimally or dissipates assets, a tailored agreement protects the legitimate interests of each party better than an equal split.

IV. Disadvantages of Choosing the Agreed Matrimonial Property Regime

• Mandatory Written Agreement and Notarization Requirements: Under Article 47 of the 2014 Law on Marriage and Family, this agreement must be established before marriage in writing and must be notarized or certified. This requirement can be challenging as many couples may not be legally prepared or may find the administrative costs and procedures burdensome, leading them to default to the statutory regime.
• Potential for Disputes due to Vague Terms: If the agreement is not specific or fails to anticipate practical scenarios, resolving disputes can become more complex than under the statutory regime.
• Risk of Being Declared Invalid: Under Article 50 of the 2014 Law on Marriage and Family, the agreement may be declared void by a Court if it:
  • Fails to meet the validity conditions of transactions under the Civil Code;
  • Violates specific provisions of the Law on Marriage and Family (Articles 29-32);
  • Seriously violates the rights to support, inheritance, or other lawful interests of family members. If declared void, the statutory property regime will apply, rendering the initial agreement ineffective.

V. Conclusion

The agreed matrimonial property regime empowers spouses to proactively regulate their financial relations. However, to ensure legal validity and avoid future disputes, couples must ensure the content is clear, comprehensive, and strictly compliant with legal regulations.

The information contained in this article is general and intended only to provide information on legal regulations. DB Legal will not be responsible for any use or application of this information for any business purpose. For in-depth advice on specific cases, please contact us.

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