When getting a divorce, the request to settle disputes about child custody and common property is an unavoidable issue, disturbing anyone’s normal working and living life when they do not understand or have doubts about the law. At this time, you should find out your rights and interests or consult a lawyer before making a request to ensure your rights and avoid illegal requests.

The need to understand the legal provisions on property division and child custody upon divorce

Divorce is about solving relationship problems, ending married life, but it is accompanied by many related problems, especially children and property. If you do not find out or only vaguely understand this issue, it is likely that your legal rights and interests will be affected after the divorce. In order to solve problems as well as protect the interests of customers in the best way, Hong Bang Law provides customers with consulting services to resolve disputes during divorce.

Hong Bang Law advises on child custody and property division

Legal relations on common children:

After a divorce, parents still have the right and obligation to look after, care for, raise and educate their minor children and adult children who have lost their civil act capacity or are unable to work and are unable to work. property to support themselves according to the provisions of the Law on Marriage and Family 2014, the Civil Code and other relevant laws.

• Husband and wife agree on the person directly raising the child, obligations and rights of each party after the divorce towards the child; in case no agreement can be reached, the court shall decide to assign the child to one party to directly raise it based on the child’s interests in all aspects; if the child is full 07 years old or older, the child’s wishes must be considered.
• Children under 36 months of age shall be assigned to their mothers to directly raise them, unless the mothers are not eligible to directly look after, care for, nurture and educate the children or the parents have other agreements in accordance with the interests of the children.

Parents who do not directly raise children have the obligation to respect their children’s right to live with the person directly raising them; Parents who do not directly raise their children have the obligation to support their children; After the divorce, the person who does not directly raise the child has the right and the obligation to visit the child without being obstructed by anyone.

If a parent who does not directly raise a child abuses visitation to obstruct or adversely affect the care, care, upbringing and education of the child, the person directly raising the child has the right to request the Court to limit the visit of that person’s child.

Parents who directly raise children have the right to request those who do not directly raise children to fulfill their obligations as prescribed by law; request the person who does not directly raise children and family members to respect their right to raise children.

Parents who directly raise children together with family members must not obstruct those who do not directly raise children in visiting, caring for, nurturing, and educating their children.

At the request of a parent or an individual or organization prescribed by law, the Court may decide to change the person directly raising the child.

The change of the person directly raising the child shall be settled upon having one of the following grounds:

• The parents have an agreement on the change of the person directly raising the child in accordance with the interests of the child;
• The person directly raising the child is no longer eligible to directly look after, care for, raise and educate the child.
• The person directly raising children must consider the wishes of children aged 07 years or older.
• In case both parents are found ineligible to directly raise the child, the court shall decide to hand over the child to the guardian according to the provisions of the Civil Code.
• In the case of the husband and wife’s property regime, as prescribed by law, the settlement of property shall be agreed upon by the parties; If an agreement cannot be reached, at the request of the husband, wife or husband and wife, the Court shall settle it in accordance with the provisions of the Law on Marriage and Family 2014.

In case the husband and wife’s property regime is agreed upon, the property settlement upon divorce shall be applied according to such agreement; if the agreement is not complete and clear, the corresponding provisions in Articles 60, 61, 62, 63 and 64 of the Law on Marriage and Family 2014 shall apply to settle.

The common property of husband and wife is divided equally but taking into account the following factors:

• Circumstances of the family and of the spouses;
• Husband and wife’s contribution 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 violation of the rights and obligations of husband and wife.
• The husband and wife’s common property shall be divided in kind, if it cannot be divided in kind, it shall be divided according to its value; whichever party receives a portion of the property in kind with a value greater than its share, must pay the other party the difference.
• Separate property of a husband and wife is under their ownership, except for cases where the separate property has been merged into the common property in accordance with this Law.
• In case there is 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 that property unless The spouses have other agreements.
• To protect the lawful rights and interests of wives, minor children and adult children who have lost their civil act capacity or are unable to work and have no property to support themselves.
• The property rights and obligations of husband and wife towards the third party remain effective after the divorce unless otherwise agreed upon by the husband and wife and the third party. In case there is a dispute over property rights and obligations, the provisions of Articles 27, 37 and 45 of the Law on Marriage and Family 2014 and the provisions of the Civil Code shall apply for settlement.

If you need more detailed advice and answers as well as how to access this service, please contact directly the Deputy Director of Sales: Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call our free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

Wishing you and your family good health, peace and success!

Best regards!