1. The problem of common children of husband and wife

Pursuant to Article 81 of the Law on Marriage and Family 2014:

Children under 36 months of age will in principle be assigned to their mothers to directly raise them, unless they are not eligible to directly look after, care for, raise and educate the children or the parents have other agreements in accordance with their interests. child’s benefit.

In case the child is from full 7 years old to under 18 years old, the court will base on the child’s wishes.

Courts do not consider children who are over 18 years old, except in cases where they have lost their civil act capacity or are unable to work and have no property to support themselves.

The person who does not directly raise the child must support the child, if an agreement cannot be reached, it will be decided by the Court; Persons who do not directly raise children have the right to visit children.

2. The issue of division of common property of husband and wife upon divorce

– Normally, when the parties have an agreement on pre-marital property, after marriage, during the process of living together, they can still agree to change and supplement that agreement and can agree on the division of common property in the process of living together. marriage period.

– Pursuant to Article 59 of the Law on Marriage and Family, the principle of settling common property of husband and wife upon divorce is to respect the agreement between the parties, not to infringe upon the interests of the family and the public.

– If the two parties cannot reach an agreement, they can ask the Court to settle. The common property of husband and wife will be divided equally, but in practice the court may change the division, based on the following factors (Clause 2, Article 59 of the Law on Marriage and Family 2014):

+ Circumstances of the family and of the husband and wife;

+ Contributing to the creation, maintenance and development of the common property. Labor of husband and wife in the family is considered as income labor;

+ Protect the legitimate interests of each party in production, business and profession so that the parties have conditions to continue working to generate income;

+ The fault of each party in violating the rights and obligations of husband and wife.

– Common property of husband and wife is divided in kind, otherwise, it is divided according to value; which party receives the larger value of the property in kind, must pay the other party the difference.

– Separate property of husband and wife is under their ownership, except for cases where separate property has been merged into common property according to the provisions of this Law.

In the event of a merger or amalgamation of separate property with common property and the spouses have a request for property division, they shall be paid the value of their property’s contribution to such property, except for if the spouses have other agreements.

3. Common debt problem of husband and wife when unilaterally divorce

Article 37 of the Law on Marriage and Family stipulates that husband and wife have the following common property obligations:

– Obligations arising from transactions established by the husband and wife’s agreement;

– The obligation to compensate for damage for which the husband and wife are jointly liable according to the law;

– Obligations performed by a spouse to meet the essential needs of the family;

– Obligations arising from the possession, use and disposition of common property;

– Obligations arising from the use of separate property to maintain and develop the common property or to generate the main source of income for the family;

– The obligation to pay compensation for damage caused by the child which, according to the provisions of the Civil Code, the parents must compensate;

– Other obligations as prescribed by relevant laws.

As such, not all debts during a marriage are joint debts. Neither party is obligated to pay the other party’s separate debts.

Above is the advice of Law Khoa Tin on: “Issues to be aware of when unilaterally getting a divorce.”

In case customers have unclear issues or need to discuss further, please contact us at phone number 0983 533 7005 for a free consultation.

Best regards./.