Dragon Law Firm in Hanoi got a question from our Clients in pre-marriage consultation support as follows:
“Dear Lawyer Office in Hanoi, I am currently in need of advice on the prenuptial agreement. I and my fiancé plan to marry in Hanoi in two months. For some reason, we have agreed that my fiancé will give up all property right (including house, car, real estate ... which inherited and/or will be inherited both before and after marriage). In addition, I will not be responsible for all loans, mortgages, pledges named of by my husband or others. We want this deal to become legal status right after we register for marriage. So I want to ask what should I do to get this verbal agreement into effect? Thank you very much. I am looking forward to receiving online legal advice from your lawyer's office soon!”
Online lawyer on marriage and family:
Thank you for your trust and inquiries to Dragon Law Firm. In this matter, the online lawyer would like to reply as below:
First of all, you need to understand that the law of Vietnam does not appear any contract called a premarital contract or prenuptial contract. According to your information, it was only a mutual agreement before going to marriage. This mutual agreement has been recognized by Vietnamese law in order to ensure the legitimate rights and interests of the parties.
Under the Article 47 of Law on Marriage and Family 2014 on agreement on establishment of the matrimonial property regime: “For a married couple that selects the agreed property regime, this agreement shall be made in writing before their marriage and be notarized or certified. The agreed matrimonial property regime shall be established on the date of marriage registration.”
Thus, the agreement before marriage shall be made in writing, notarized or certified which is not only in verbal.
On the basic contents of an agreement on the matrimonial property regime can be considered in the Article 48 of Law on Marriage and Family 2014:
The basic contents of an agreement on the property regime include:
- Property determined as common property and separate property of the husband and wife;
- Rights and obligations of the husband and wife toward common property, separate property and related transactions; property to meet the family’s essential needs;
- Conditions, procedures and principles of property division upon termination of the property regime;
- Other related contents.
Second, for your content of agreements, we should consider about “I will not be responsible for all loans, mortgages pledge named by my husband or others.”. In case the assets including the loans, mortgages, pledge named by your husband before marriage, you can make agreement followed the above Article 47.
In case the assets including the loans, mortgages, pledge named by your husband after marriage, under the Clause 1, Article 38 of the above Law on common property division during the marriage period:
Pursuant to the Article 42: 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.
The above mentioned advice from Dragon Law Firm is just for reference, law firm in Hanoi hope that it can help you to decide the best solution. To get more legal consultation in marriage and family, you can please visit our office to be support.
Sincerely!
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