1. How is property division understood after divorce?

The process of property division after divorce is a legal requirement that must be properly followed. Both husband and wife can voluntarily reach an agreement on the division of common property, separate property, and other financial responsibilities, or they can request the court to intervene to make the division based on the law. provisions of the law. By conducting this process, it will create a more equitable and sustainable way of resolving financial issues after divorce.

Rules for property division upon divorce stipulate that common property will be divided equally between husband and wife upon divorce. However, the division of this common property will be carefully considered based on a number of important factors such as the family and personal circumstances of the husband and wife, and but not limited to that, but also an assessment of merit. the strength and contribution of each party in building, maintaining and developing the common assets.

This principle is intended to ensure fairness and due consideration of factors related to common property. Considering the family and personal circumstances of both husband and wife will help assess the level of influence and contribution of each person in the process of accumulating common assets. In this way, decisions on asset division can reflect fairness and reasonableness, while ensuring stability and sustainability for both parties after divorce.

2. Procedures for suing for property division after divorce in Ho Chi Minh City

If after many negotiations and conciliations, the division of common property between husband and wife is still not achieved, either party will have to file a lawsuit with the competent People's Court to request the Court to proceed with the division. asset. This is considered a last resort, only applicable after many conciliation sessions have been conducted. By submitting the case to the Court, the requesting party will request the Court to consider and decide on the division of assets. The court will consider the common assets of the spouses and related factors to make a fair and reasonable decision. Through this process, the Court will play a key role in resolving property disputes and ensuring that the rights of both parties are protected according to the law.

To sue for property division after divorce, citizens need to follow the following procedures:

* Step 1: Prepare documents: During the process of filing a lawsuit to request division of common property after divorce, you need to prepare a complete file including the following documents:

- Petition for division of common property of husband and wife during the marriage period after divorce: Clearly state the request and reason for dividing common property.

- Attached supporting documents:

+ Identity card, citizen identification card or other identification documents: Verify the identity and address of the requesting party.

+ Household registration book: Proves the requesting party's legal rights to sue and related to common property.

+ Court judgment or decision regarding divorce: Confirms that the couple has officially divorced.

- Documents proving the right to use and own common property of husband and wife: Includes documents proving ownership and right to use common property such as real estate, vehicles, and bank accounts. goods, securities, and other valuable assets.

Preparing complete and accurate documents will help increase the likelihood of success in the lawsuit process and ensure that requests for common property division are considered fairly and in accordance with the law.

* Step 2: Submit documents to the competent people's court:

According to the provisions of Article 35 of the 2015 Civil Code, the authority to resolve lawsuits requesting property division after divorce belongs to the competent district-level People's Court. In case there is a dispute over assets including real estate after divorce, the division of assets is not related to marital disputes and joint custody of children. Therefore, the authority to resolve will belong to the place where the real estate dispute exists.

Through the application of this regulation, it is guaranteed that the resolution of property disputes after divorce will be carried out by a competent Court at the district level and focus on issues related to property, not property. relating to marital disputes and joint custody of children. This helps increase fairness and professionalism in the process of reviewing and decentralizing property dispute resolution after divorce.

* Step 3: Settle property after divorce

After receiving the application from the requesting party, the Court will conduct the necessary procedures to consider and resolve the case according to the legal process. During the resolution process, the Court will conduct a first instance trial to make a decision on dividing common property after divorce. Case resolution time may fluctuate as follows:

- Resolving common property division after divorce at the first instance level: It usually takes about 4 to 6 months to complete the resolution process. However, if the case is complicated and has special factors, this time may be longer.

- Divorce settlement at the appellate level: It usually takes about 3 to 4 months to complete the settlement process, in case there is an appeal from the related party.

The resolution time is referenced to ensure that the process of reviewing and resolving the case takes place fairly, accurately and meets the needs of the parties involved. However, it should be noted that time may vary depending on the characteristics and complexity of each specific case

3. Service of initiating lawsuits for property division after divorce in Ho Chi Minh City of Truong Quyen Law Office - Davilaw Branch.

The participation of lawyers from Truong Quyen Law Office - Davilaw Branch in suing for property division after divorce has been met according to the plaintiff's request. Lawyers participating in the lawsuit for property division after divorce are responsible for supporting and protecting the plaintiff legally, including collecting evidence, drafting documents to be submitted to the Court, and participating in legal consultations. argue in court.

The role of lawyers in initiating property division lawsuits plays a particularly important position and role. Lawyers help protect justice and legal rights for litigants, and assist the Court in resolving property division objectively and in compliance with the law, avoiding errors. After divorce, the parties have the right to sue themselves or hire a lawyer to sue for property division after divorce to protect their legal rights, and Truong Quyen Law Office - Davilaw Branch has affirmed its position. leading in this field.

In order to divide assets after divorce smoothly, parties often look for a reputable, responsible and experienced lawyer to protect their rights. The team of lawyers from Truong Quyen Law Office - Davilaw Branch will answer all questions and explain to customers about their rights protected by law. With prestige and extensive experience in the field of marriage and family, Lawyer Truong Quyen Law Office - Davilaw Branch will surely satisfy customers.

The post-divorce property division lawsuit service of Truong Quyen Law Office - Davilaw Branch includes a number of activities:

- Prepare documents on behalf of customers such as petitions to request division of common property after divorce. Customers only need to provide necessary information such as identity cards, citizen identification cards or personal identification documents. other, ... and submit your application.

- Participate in negotiations and peaceful resolution and make requests and suggestions: lawyers will participate in negotiations with the other party to resolve the fastest and peaceful division of assets if possible. Owners save time, money, and achieve high results using their abilities and experience