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THE LAM LAW LLC

THE LAM LAW LLC

Vũng Tàu, Vietnam

Free Consultation: 15 mins


Founded in 2019
15 people in their team
About THE LAM LAW LLCOur JourneyFounded by a dedicated team of legal professionals, THE LAM LAW LLC brings together a blend of seasoned lawyers,...
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About Family Law in Vũng Tàu, Vietnam:

Family law in Vũng Tàu, like the rest of Vietnam, falls under the jurisdiction of the nation's Civil Code. The Civil Code outlines protections for the family unit, children's rights, marital rights, inheritance rights, and guardianship. Family law matters are primarily handled by local district courts. Vietnamese family law is heavily influenced by the country's traditional culture, alongside modern and international legislation. Matters pertaining to divorce, child custody, property division, and alimony follow specific statutory protocols.

Why You May Need a Lawyer:

There are several legal situations in family matters where you may require the assistance of a qualified attorney. Complex disputes like contested divorces, child custody battles, division of marital property, inheritance disputes, parentage determinations, and domestic violence cases usually involve intricate legal processes. They require expert knowledge of the law and court procedures. An experienced lawyer will guide you through the process, represent your interests, and help you achieve desirable outcomes.

Local Laws Overview:

In Vietnam, the Civil Code dictates all matters related to family law. Some key points of family law in Vietnam include equality of husband and wife in free consent for marriage, mutual respect, faithfulness, and cooperation for the family's interests and children's happiness. Family law also includes precise regulations for marital property rights and responsibilities. Divorce laws tend to favor reconciliation efforts, awarding divorces only when such efforts fail. Child custody decisions prioritize the physical and mental wellbeing of the child. The age of majority in Vietnam is 16 years, and laws concerning inheritance follow a strict order based on close relationships.

Frequently Asked Questions:

1. Can foreigners engage in family matters in Vũng Tàu, Vietnam?

Yes, foreign individuals can engage in family-related legal matters, like getting married, divorced, adopting, and more under Vietnamese law and international treaties.

2. How is property divided during divorce in Vũng Tàu?

All properties acquired in marriage are considered joint property and are divided equally. Gifts and inheritances are also divided unless there's an agreement otherwise.

3. How is child custody decided?

Courts consider the physical and mental wellbeing of the child and the parents' capacity to raise them. The child's preference may be considered if they are 7 years or older.

4. How is alimony determined?

Alimony is based on each spouse's income, the standard of living established during the marriage, duration of the marriage, and the needs and capacities of each party.

5. Who has legal guardianship over a child if both parents pass away?

If both parents die, the guardian is decided based on a will or decided by a court, usually favoring close relatives.

6. Can I create a prenuptial agreement in Vũng Tàu?

Yes, prenuptial agreements outlining property division and financial matters are legally binding under Vietnamese law.

7. Is domestic violence recognised by the law?

Yes, Vietnam has strict laws against domestic violence, and violators can face forfeiture of shared property and other severe penalties.

8. How is paternity established under Vietnamese law?

Paternity can be established by a joint declaration by the parents, or via a court decision in case of dispute.

9. Can I adopt a child from Vũng Tàu?

Yes, local and foreign individuals can adopt children following legal procedures under Vietnamese law and international treaties.

10. Can I get a copy of family records?

Yes, citizens and residents can request family record documents from the local Vietnamese authorities.

Additional Resources:

You can visit the "Law & Legal Issues" section of the Vietnam Ministry of Justice's website for more information about family law and recent legislative updates. You can also reach the Vietnam Women's Union or Vietnam Fatherland Front for help and resources related to family law matters.

Next Steps:

If you require legal assistance regarding family matters in Vũng Tàu, your first step should be to solicit advice from a competent, locally-based, bilingual lawyer who's familiar with Vietnam's family law. They'll be able to understand your situation, assess your legal needs, and guide you through the necessary procedures. Always ensure that your lawyer is registered with the Vietnam Bar Federation before procuring his/her services.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.