Marriage contract of separation of property

What you need is a pre nuptial agreement. Best to find a solicitor who deals in this.

@trangeorges one of my friends used Notary Office No. 4 (state run) at Tòa N4D, 50 Đ. Lê Văn Lương, Nhân Chính, Thanh Xuân, Hà Nội 100000. You decide this. Please ensure to bring an interpreter with you and get the draft for notarized translation and review before you both appear before the notary to execute the document. Be noted that the notarized document would be valid evidence at court except where it is found unenforceable by the court in accordance with Vietnamese laws.

Hello everybody,
I would like to know if someone has already made a marriage contract of separation of property in hanoi?
if you can give me the coordinates ( address) of the notaries who make this marriage contract in hanoi?
Thanks for your help and answer
-@trangeorges

Hi trangeorges.

A link to the Vietnam Family Law Act is here.

"For those unfamiliar with this legislation, here for your perusal are the particulars.

Read it well."

Scroll down to Article 28.

I hope this is of some help.

Please let us know how this eventually turns out for you.

@Huong Doan Thi Lien

Thank you for your reply and help

Best regards

Georges

@Aidan in HCMC

ok , Thanks

i try to find a notary in Hanoi to establish a marriage contract of separation of property like in Europe before my marriage

Best regards

@colinoscapee

Ok , Thanks

But i don’t know notary in Hanoi who can establish a marriage contract of separation of property like in Europe

Is there such a thing as a prenup in Vietnam? I have heard prenups are not legal here and everything is ALWAYS split 50/50.  Just word of mouth so could be complete nonsense.

Is there such a thing as a prenup in Vietnam? I have heard prenups are not legal here and everything is ALWAYS split 50/50. Just word of mouth so could be complete nonsense.
-@jrharvey

The Law in some ways, makes it so that prenuptial agreement between foreigners and Vietnamese plausible.

The principles of property division are specified in Articles 33 and 43 (On common property and separate property) and Articles 38 and 59 (On property division principles) of the Law on Marriage and Family 2014, specifically as follows: following:

@jrharvey thank you for your response

Is there such a thing as a prenup in Vietnam? I have heard prenups are not legal here and everything is ALWAYS split 50/50. Just word of mouth so could be complete nonsense.
-@jrharvey

Yes, absolutely there is such a thing, and yes, as stated by colinoscapee, prenuptial agreements are legal.

Holding VN citizenship is not a prerequisite to entering into a prenup agreement/contract in VN.

What rights does an American give up in Vietnam by marrying a Vietnamese woman?  Thanks

What rights does an American give up in Vietnam by marrying a Vietnamese woman? Thanks - @Rosechait

The same rights a German gives up by marrying a Vietnamese man

What rights does an American give up in Vietnam by marrying a Vietnamese woman? Thanks - @Rosechait

Hi there Rosechait. Welcome to the forum, and thank you for your first post.

I'm not sure whether I'm understanding your question. Apologies in advance if my reply is not applicable to the info you're looking for.

Marrying a Vietnamese citizen does not result in the loss of any rights. A foreigner residing in Vietnam will enjoy the same rights post-marriage as they did pre-marriage. These rights are dictated by the gov't of Vietnam and are enshrined in law which all residents are compelled to abide by.

I will mention one aspect of marriage to a VN national which you might find interesting concerning residency/inheritance. That would be the position a foreign surviving spouse finds themselves in in the unfortunate event of their VN spouse's passing. There's a short thread from June 2023 discussing that, here.

Hope that helps, and once again, welcome to the forum.

@Aidan in HCMC

I read that a foreigner/American agrees to support her  non working family As well as her and that divorce is her choice to refuse.

thoughts?

@Aidan in HCMC
I read that a foreigner/American agrees to support her non working family...

Not true

...As well as her...

True. You are obligated, to the best of your ability, to provide the necessities of life  to your spouse (necessities, not an opulent lifestyle). This applies equally to marriages between two VN citizens.

and that divorce is her choice to refuse.
thoughts? - @Rosechait

Not true.

I invite you to read the link found in the first post in one of our "sticky" threads titled, "VIETNAMESE FAMILY LAW ACT".

It's a bit of a long read, so once you open the link you can search for specific terms in the document.

Can I ask where you read the information you've mentioned?

@Aidan in HCMC

I read it. Are you writing from experience or professional expertise. Someone to recommend for legal assistance?

thanks again

@Aidan in HCMC I read it.

Alright then...

Are you writing from experience or professional expertise.

I guess my saying "experience" would be correct, though not at a personal level. That, and diligent research (just in case, 'ya know😉).

Over the past almost 8 years I've witnessed friends (one Canadian gentleman married to a VN, and two VN ladies married to foreigners) go through their respective divorces. To put it politely, the level of "popular misconceptions" regarding foreigner/VN divorce diktats is incredible.

The fellow Canadian I knew (2019, Saigon) was scared witless by the so called "rights" claimed by his then soon-to-be ex-wife. Threats of immediate deportation, arrest for abandonment of she and her very extended family, threats of imprisonment etc left him beside himself with worry. Turns out the worry was all for naught, though he did lose the sponsor of his TRC (his ex). I've heard since that he'd remarried to another VN with smooth sailing (so far). There was no support payments awarded by the court, though he did relinquish any claim of interest in their shared home/property.

On the flip side, the two VN lady friends (2022 Thai Nguyen, 2023 Hanoi) seemed to be under the impression that they wielded absolute authority over their estranged foreign husbands. The complexity/cost of non-amicable divorce proceedings (even if in VN) as well as the limit to their assumed authority was a bit of an eye-opener for them. Short of the revocation of their husband's TRC, they were otherwise bound by the limits of the law.

The lady in Thai Nguyen was offered, and accepted, a 500million VND voluntary settlement payment from her British ex-husband in exchange for her agreeing to a no contest divorce (I'm thinking he wanted to remarry, though not sure really). There was no property or matrimonial home to consider.

The Hanoi lady pursued her divorce through the courts in France. I believe her logic was that any support/alimony payments awarded by a French court would far outweigh what might be awarded by a VN court. Last I heard, she had abandoned her remote action due to the rising attorney fees (8,000 Euro before there was even a hearing), and was still legally married. She currently enjoys the use of the matrimonial home.

In both cases the husbands had already exited VN.

I'm currently viewing the slow-motion train wreck of a relationship involving a fourth friend/acquaintance (British gent) married to a VN here in Phu Quoc. Sad really, as the VN spouse is using their two children as a bargaining chip, demanding 40million/month for visitation rights. He's a well educated restaurant owner and has now hired a local attorney to represent him.

Someone to recommend for legal assistance?

Have you taken a look through our "Business directory"? Seems there's a slew of lawyers available there.

thanks again - @Rosechait

You're quite welcome. Hope it helped.

edit:  though I said "...two VN lady friends...", what I meant was "...two VN lady friends of my GF...".

I'm not allowed to have "lady friends". Just one more avenue of pleasure which has been cut off. Well, better that cut off than something else, I guess.😆

.

@trangeorges

In fact that is quite easy, but first you need to clarify your intentions and the scope to yourself and your spouse.

Keep this in mind:  In Vietnam, as almost all countries, you and your wife have a "Standard Community Property" by default, even if one or both are expats.  But here is the problem when one is not a Vietnamese citizen:  none of you cannot register a land or landed house, and it's not possible to get a loan or mortgage from banks longer than your current TRC.

If you are not married yet, both of you can explain to the Commune in advanced that both of you want to include a prenuptial agreement about your Community Agreement.   And if you are already married, you can go to any NATIONAL NOTARY and indicate you want to void your "Standard Community Property"   or specify the limitations you want such as real states, money, divided property but keep yields or profits withing the partnership etc......pffff a lot of dishes in the menu. Once it's done, go to the same place you got married and register.

Last advice:   Even the notaries should not request your agreement stamped by a lawyer (a minutes)  in advance, you MUST!!!  'cos you should know the consequences such as what if your vn-spouse buy a 100M vnd land (single owner) but you are paying for it??? spoiler:  you will lose three times:  the house is not yours (-100M vnd), you donated money from the common piggy  (-100M vnd) and you will have to restore that money to split 50/50 again (-50M vnd) 🤐   ......  but it doesn't matter at all, you both are souls mates

@Rosechait

foreigners supporting vn-family in law?.....   mmmmmm no, but yes. vn-members are required by law to support their family. Hence, your joint money is used for it. After divorced: bye bye.

Support ex-spuse?  Child support is a must while they are minors. Ex Spouse support only if it is not "able" to support by itself and was not the offender and while stay single.

choice to refuse?  yes, nobody can be forced, but it may request a court to settle it (unilateral divorce)

@Rosechait

Do you dream of buying a house with a big garden with roses and two dogs? forbidden, chỉ là giấc mơ

Do you  want to name your children Jonh or Mary? better think about Hoàng or Yến

Do you want to say hello with a hug your females-in-law?   hör auf.

If you say "this" but your father-in-law's says "that", your wife will follow who?

Oh man, if you are asking about what expats give up by marrying  a vn-lady, maybe you are still thinking that sidewalks are for walking.

Did I forget something?

...Did I forget something? - @ajairon

Yes, sadly.

Girlfriends.

😥

If you say "this" but your father-in-law's says "that", your wife will follow who?

I got lucky with this.

When I met my wife she had a long history (maybe 20 years or so) of not going home to see her parents very often.

She usually stayed in Vũng Tàu during Tết and her family remained in Quảng Ngãi.

They talked on the phone but usually she was talking with her mother and her twin daughters.

She had been pretty much disagreeing with anything her father said since the time she was a little kid (she was 40 years old when I met her).

Her father was not happy that we were dating and thinking about getting married, but she totally ignored him on that subject.

I'd say within a year of meeting me he decided that it wasn't so bad for her to be with me.

Anyway, she always defers to me, no matter the situation. I can't remember the last time that she wanted to take her father's side against me and my ideas.

She actually talks with him more often now and considers whatever he has to say, but if I don't agree, then she does what I want.

Oh man, if you are asking about what expats give up by marrying a vn-lady, maybe you are still thinking that sidewalks are for walking.- @ajairon

😆😂😅🤣