How assets are divided in a unilateral divorce.

A unilateral divorce decision is not only an escape route but also a courageous step in rebuilding one’s life. We understand that in the most difficult times, deciding on divorce and property division is not merely a legal matter but also an emotionally exhausting and stressful process. BKC Law Firm commits to accompanying you throughout the entire legal procedures for divorce and property division, ensuring maximum protection of our valued clients’ interests.

This article has been advised by Lawyers at Trung Hieu BKC Law Firm.

Principles of Property Division in Unilateral Divorce

When proceeding with unilateral divorce, property division generally follows the fundamental principles of the law:

Equal division principle: Pursuant to Clause 2, Article 59 of the Law on Marriage and Family 2014, common marital property is divided equally but taking into account the following factors:

“a) Family circumstances and circumstances of the wife and husband;
b) Contributions of the wife and husband to the establishment, maintenance, and development of the common property. Domestic labor of spouses is considered income-generating labor;
c) Protection of the legitimate interests of each party in production, business, and profession so that both parties can continue to work and generate income;
d) Fault of each party in violating the rights and obligations of spouses.”

The principle of equal division of property upon divorce can be simply understood as each party receiving half (½) of the value of property acquired during the marriage period. Common property is usually divided fairly and justly between the two parties. This does not necessarily mean an equal split in value but can be flexible based on various factors such as each party’s financial needs and their contributions to property accumulation. In other words, it is not always a strict 50/50 division but can be adjusted according to the actual circumstances.

Principle of division in kind: Under this property division principle in divorce, the law prioritizes dividing assets in kind first; if in-kind division is not feasible, the assets will be valued in money for division, and the party receiving the asset in kind must pay the difference to the other party.

Principle that separate property belongs to its owner: Separate property is property owned by each party before marriage or received during marriage through gifts, inheritance, or other personal entitlements. In addition, in cases where common and separate property are merged or mixed during the division process in divorce, the party not receiving the property shall be compensated by the other party for the value of their contribution to the creation of that property.

Methods of Property Division in Unilateral Divorce

Division by Agreement

The law prioritizes resolving the division of common marital property based on agreement between the parties. In divorce cases, spouses have the right to mutually agree on property division, and such agreements will be recognized and recorded in the court’s judgment. The law does not impose specific requirements on the form of the common property division agreement in divorce cases.

Legal basis: Article 28 and Article 38 of the Law on Marriage and Family 2014.

Court Division of Property

If the spouses cannot reach an agreement on the division of common property and request the Court to resolve it during divorce, the common marital property will be divided according to law. Accordingly, common property is, in principle, divided equally but taking into account the factors specified in Article 59 of the Law on Marriage and Family 2014 to determine the proportion of property each spouse receives.

Procedure for Requesting Property Division in Unilateral Divorce

Unilateral divorce dossier:

• Original marriage certificate.
• Certified copies of citizen identity cards or passports of the wife and husband.
• Certified copies of children’s birth certificates.
• Copies of permanent/temporary residence books of the spouses.
• Divorce petition (according to the form).
• Documents related to common marital property: Certificate of land use rights, house ownership and other land-attached assets; Vehicle registration certificate; Savings books, capital contribution certificates, shares…

However, you can refer to reputable law offices for support with fast divorce services, full-package divorce. Obtaining legal support from experts will help you resolve your unilateral divorce process quickly.

Procedure for filing a unilateral divorce lawsuit with a request for property division:

Step 1: Submit the lawsuit dossier to the competent Court.

The unilateral divorce petition must include a request for property division. When preparing the dossier, additional documents and evidence proving common property should be included, such as Certificate of land use rights (red book), vehicle registration certificate, savings books…

Step 2: Receive the result of petition processing.

Step 3: Pay the advance first-instance civil court fee at the competent civil judgment enforcement agency and submit the advance fee receipt to the Court.

Step 4: The Court summons for statements, conducts mediation, and proceeds with procedures in accordance with civil procedure law.

Step 5: In case the Court does not accept the divorce request, the petitioner has the right to appeal for the higher-level Court to hear the appellate trial in accordance with the law.

Property Division Consultation Service in Unilateral Divorce at BKC Law

The above are some regulations on property division in divorce that you can refer to. If you need consultation on divorce and property division, please contact BKC Law immediately for detailed answers to your questions. You can contact our Lawyers via the following information:

Phone : 0901 3333 41

Email: info@bkclaw.vn

District 1 Office:   9th Floor Diamond Plaza Building, 34 Le Duan, District 1, Ho Chi Minh City

Binh Tan Office: 41 Ten Lua, Binh Tan, Ho Chi Minh City