Lawyer Specializing in Property Dispute Resolution after Divorce

When divorced, the property issue is one of the issues of interest, Dragon Law Firm with a team of experienced lawyers in solving divorce, specializing in dispute resolution property after divorce.

Update: 18/5/2017 | Dragon Law Firm

Best law firm in Hanoi in civil cases to solve property disputes after divorce at hotline 1900.599.979.

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In the course of divorce settlement, if the parties fail to reach mutual agreement on property or disputes, one of the parties may initiate property lawsuit at the competent People's Court.

Principles for settlement of property disputes after divorce: Common property shall be divided into two, taking into account the following factors:

- Circumstances of the family, husband and wife: in this case, the more difficult party after the divorce to divide the more property can gett than the other or give priority to receive the property to ensure the maintenance and stability of their life but must be consistent with the actual circumstances of the family and the spouses.

- Contribute to the creation, maintenance and development of common property: in this case, if the wife or husband is at home taking care of the child, the family and does not work, it is also calculated as labor income equal to the income of the husband or wife who works. The party who contribute more, the greater the property can receive.

- To protect the legitimate interests of each party in production, business and occupation so that the parties can continue to generate labor income. When dividing the common property of the wife, the husband must ensure that his wife and/or husband who are engaged in professional activities may continue their professional practice; For spouses engaged in production and business activities, they shall be entitled to continue to be produced and traded for income generation and shall have to pay to the other parties the difference in asset value. The protection of legitimate interests of each party in production, business and professional activities must not affect the minimum living conditions of their spouses, minor children and adult children but lose their civil capacity.

- Each party's fault violates the rights and obligations of the husband and wife. This is a violation of the rights and obligations of the couple's property and property, and the violation itself leads to divorce. Examples include domestic violence, unfaithful acts or the distribution of property of the couple. This is also one of the notable new points of the Law of Marriage Family in 2014 on the settlement of property relations of the couple when divorced.

When settling the division of property after divorce, the legitimate rights and interests of juvenile, minor children and/or children who have lost their civil act capacity or have no working capacity and no assets for their divorce to support theirself to be considered by the Court.

In the case of a dispute over the division of the common property of husband and wife, the couple also have to pay the court fee for disputed property, such as civil lawsuits, with fee level corresponding to the value of the divided property.

Court fee at the First-Instance Court to the civil dispute as follows:

Value of Disputed Property (VND)	Court Fees (VND)
Below 4,000,000	200,000
4,000,000 – 400,000,000	5% value of disputed property
400,000,000 – 800,000,000	20,000,000 + 4% value of disputed property over 400,000,000
800,000,000 – 2,000,000,000	36,000,000 + 3% value of disputed property over 800,000,000
2,000,000,000 – 4,000,000,000	72,000,000 + 2% value of disputed property over 2,000,000,000
4,000,000,000	112,000,000 + 0,1% value of disputed property over 4,000,000,000