Please ask, if husband and wife have an agreement on common property division during the marriage period, will all such agreements be valid in Vietnam?
Pursuant to Article 42 of the Law on Marriage and Family 2014 stipulates as follows:
Common property division during the marriage period shall be invalidated when:
1. It seriously harms the family’s interests; or lawful rights and interests of minor children or adult children who have lost their civil act capacity or have no working capacity and no property to support themselves;
2. It aims to shirk the following obligations:
a/ Raising and support obligations;
b/ Damages payment obligations;
c/ Payment obligations when declared bankrupt by a court;
d/ Debt payment obligations;
dd/ Tax payment obligations or other financial obligations toward the State;
e/ Other property obligations as prescribed by this Law, the Civil Code and other relevant laws.
Thus, although the spouse freely agreed. However, when falling into one of the above cases, such agreements are invalidated in Vietnam.
Best Regards!