Solve debt right in the divorce petition in Vietnam?

by DungTran

Solve debt right in the divorce petition in Vietnam? After the divorce, do you have to pay the debt together in Vietnam? Let us learn about this topic with LSX law firm as follow:

Solve debt right in the divorce petition in Vietnam?

Can spouse reapply for the divorce petition after withdrawing it? Clause 14, Article 2 of the Law on Marriage and Family states:

Divorce is the termination of the husband and wife relationship; according to a legally effective judgment or decision of the Court

Currently, divorce has two forms:

– If the husband and wife can reach an agreement on the termination of the marriage relationship, property, child rearing, etc., they shall both sign the divorce petition in agreement and request the Court to recognize the divorce of the couple. .

– If one of the spouses requests to terminate the marital relationship and cannot reconcile; request the Court to settle the divorce.

Accordingly, although there are two forms of divorce, basically; when writing a divorce application, the content of the application will include:

– Request to terminate the marriage relationship of husband and wife;

– Settlement of child custody and support (if two people have children in common);

– Division of common property of husband and wife (if two people have common property or common property with the family);

– Division of debts, debts, property obligations… of husband and wife with other people (if any).

Therefore, husband and wife can ask for debt settlement upon divorce right in the application. At that time, if it is deemed that the request is not contrary to the provisions of the law; ensures the interests of the wife and children, or according to the agreement of the husband and wife, the Court will handle it. Conditions and procedures for consent to divorce in Vietnam.

After the divorce, do you have to solve the debt right together in Vietnam?

Clause 1, Article 60 of the Law on Marriage and Family 2014 affirms:

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.

Pursuant to this provision, if a husband or wife divorces; but the divorce petition does not include the content of debts with a third party and has not been resolved by a legally effective judgment; or decision by the Court, then debts that spouses have during the marriage period are still valid after the divorce.

Especially, only in case the husband, wife and third party have other agreements; such as terminating the debt payment obligation or transferring the debt repayment obligation to one of the spouses; etc., then, after the divorce, the husband and wife will no longer have to pay the debt together.

In which, debts of husband and wife to a third party must satisfy the conditions specified in Article 37 of the Law on Marriage and Family, including:

– Because both husband and wife take out a loan or are jointly responsible for compensation;

– Debts made by a spouse for essential needs of the family.

– Debts from compensation for damage caused by children that according to regulations parents must compensate…

Thus, even though two people are divorced, they still have to jointly pay debts arising during the marriage period for the purpose of maintaining the common life of husband, wife and family; or because the agreement is a common debt… and there is no previous agreement on the settlement of these debts.

Is it possible to jointly pay the spouse’s separate debt upon divorce in Vietnam?

As analyzed above, only when the debts arise during the marriage, serving the needs of the husband, wife and family in common; … then the husband and wife must jointly pay the debt, if after the divorce no other agreement.

Regarding the joint responsibility of husband and wife in debt repayment; Article 27 of the Law on Marriage and Family stipulates that husband and wife are jointly responsible for debts to meet the family’s essential needs or debts formed from the cases mentioned in the above section.

Therefore, to determine whether a spouse is jointly responsible for repaying the debt to the other person, it must be based on the loan purpose. If falling into the cases mentioned above, husband and wife have joint obligations to repay each other even though there is only one debtor.

Until the divorce, thinking about the debt repayment of the wife, the husband will not default. When husband and wife have an agreement, they will follow that agreement. If there is no agreement, even if divorced, the husband and wife are jointly responsible for paying the debt, they must continue to perform this obligation.

Contact us

Finally, hope this article about Conditions for changing child custody after divorce in Vietnam is helpful for you!

In case you have any questions, don’t hesitate to get in touch with Lawyer X for quick and best legal services: +84846175333 or email: hoangson@lsx.vn.

Related questions

What is the court fee in a civil case?

Court fees in civil cases: Including all kinds of legal fees for settling disputes in civil, marriage and family, business, commercial and labor matters. In there:
First-instance civil court costs without value: A case in which the involved party’s claim is not an amount or the value cannot be determined in a specific amount;
First-instance civil court costs with value: A case in which the claimant’s claim is an amount of money or property that can be determined by a specific amount.
Appellate civil court costs.

What is divorce?

Divorce is the termination of the husband and wife relationship; according to a legally effective judgment or decision of a court. Divorce is done at the request of one party (unilateral divorce); or agreed upon and signed by both spouses (consenting divorce).

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