Prenuptial Agreement

Premarital agreements are often created to solve asset problems when divorce occurs and to protect not only the assets of wealthy spouses but also family businesses.

In Vietnam, this agreement shall be written before marriage registration and notarized or certified at the Notary Office. Husband and wife have the right to modify their agreement on the property regime. This modification of the contract will take effect on the date it is notarized or certified. When establishing and making a transaction, the husband and wife have to show the third party this information. If they intend to ignore this information and may harm the third party, they will be protected by civil law.

Regarding the Prenuptial Agreement, the basic contents of the property regime include:

a/ Property determined as common property and separate property of the husband and wife;

b/ Rights and obligations of the husband and wife toward common property, separate property, and related transactions; property to meet the family’s essential needs;

c/ Conditions, procedures, and principles of property division upon termination of the property regime;

d/ Other related contents.

An agreement on the matrimonial property regime will be declared to be invalid by a court when:

a/ It fails to meet the conditions on effect of transactions prescribed by the Civil Code and other relevant laws;

b/ It violates Articles 29, 30, 31, or 32 of the Law on Marriage and Family in Vietnam.

c/ Its contents seriously infringe upon the rights to be supported and inherited, as well as other lawful rights and interests of parents, children, and other family members.
 

Related Posts:

1. Legal Benefits of Getting Married in Vietnam

2. Marriage Requirements Involving Foreign Elements in Vietnam

3. Living Together Without Marriage Registration in Vietnam

4. Dividing Properties and Assets in The Marriage Period in Vietnam

5. Adoption in Vietnam

6. Divorce Between Foreigner Or Vietnamese and Foreigner in Vietnam

7. Marriage Registration in Vietnam

 

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