Dear audience, according to the current Law on Marriage and Family, divorce is the termination of the marital relationship pursuant to a legally effective judgment or decision of the Court. In unilateral divorce cases, the division of property between husband and wife is always among the most complicated and contentious issues. In principle, the common property of the spouses shall be divided equally; however, the Court will also take into account various factors such as the circumstances of each party, their respective contributions to the creation, maintenance, and development of the marital assets, the protection of each party’s legitimate interests to enable continued income generation after divorce, and the fault of either party in violating spousal rights and obligations. Domestic work and child care are also recognized by law as forms of income-generating labor, meaning that the contribution of a stay-at-home spouse is legally acknowledged.

In practice, however, determining which assets are separate property of the husband or wife is extremely difficult, unless there is a notarized document clearly establishing ownership or an express written waiver of rights by the other party. For instance, if a house is registered under the husband’s name but the wife can prove her financial contribution to its purchase, the Court may still determine it as joint marital property. Conversely, if one party claims that an asset is separate property but fails to provide clear and independent evidence, the Court will, in most cases, treat it as common property. This becomes even more challenging in unilateral divorce proceedings, where conflicts between the parties are often severe and the collection of evidence regarding the origin of property is complicated.

To minimize legal risks and avoid prolonged disputes, Hnlaw recommends that spouses establish a notarized agreement on the marital property regime during the marriage, particularly when acquiring high-value assets, and maintain proper documentation proving the source of funds for any property formed from personal assets, inheritance, or gifts. When marital rifts appear, it is advisable to consult a lawyer early for guidance on evidence collection and protection of one’s legitimate interests before the case reaches the Court.

Divorce is the final stage of a marriage, but with careful legal preparation, it is still possible to ensure fairness for both parties and preserve mutual respect even after the relationship ends. Hnlaw – your trusted partner in every important legal decision.