Prenuptial Agreement Disputes in Vietnam: What Is Its Legal Value?

Sep 24

An increasing number of young couples—especially in major cities across Vietnam—are considering signing a prenuptial agreement (prenup) to clearly define asset rights and responsibilities before getting married. But when a dispute arises between spouses, does this contract carry legal weight? And if so, how is it recognized by the courts? This article will walk you through the answers—based on the latest updates from Vietnamese legal documents and real-world applications.

1. Vietnam’s Current Legal Framework

1.1 No Specific Law Defining “Prenuptial Agreement”

The first thing to clarify: under Vietnam's current legal system, there is no provision that specifically defines a “prenuptial agreement” as a distinct type of contract.

Instead, the law allows spouses to agree on a property regime before marriage (Article 28 of the Law on Marriage and Family 2014).

Therefore, when referring to a “prenuptial agreement” in Vietnam, most lawyers and legal professionals interpret it as a written agreement on property regime between spouses made before marriage—not as a newly legalized, independent contract type.

1.2 Applicable Legal Basis

To understand how courts handle prenuptial agreement disputes, consider the following legal foundations:

Law on Marriage and Family 2014
• Article 28 allows couples to choose a property regime through mutual agreement.
• Article 47 requires such an agreement to be made in writing, before marriage, and certified or notarized.
• Article 50 outlines cases where such agreements may be declared void if they violate legal prohibitions or general principles.
Civil Code 2015
This law provides principles for civil transactions, including legal capacity, voluntariness, lawful content, and proper form—all of which apply to prenuptial agreements as they are, by nature, civil contracts.
Decree 126/2014/ND-CP & Joint Circular 01/2016/TTLT
These are guiding regulations that detail how property regimes are applied, particularly when no agreement exists or the agreement is declared invalid.

2. Prenuptial Agreements — Contents and Validity Conditions

2.1 What Can Be Legally Agreed Upon?

In a “prenuptial agreement” (understood as a property regime agreement), the parties may agree on:

Clearly identifying separate property owned by each party before marriage—what is considered personal and what is communal property.
Handling of property during the marriage: whether income and newly acquired property are jointly or separately owned, and who has the right to manage it.
Rules and ratios for dividing assets in case of divorce, if they wish to specify this.
Any other property-related matters not prohibited by law, provided they do not infringe on others’ essential rights, public interest, or social ethics.

However, there are limits: personal rights (e.g., child custody, personal freedom, contact rights) cannot be governed by these agreements, as Vietnamese law does not allow such agreements on personal matters.

2.2 Conditions for Legal Validity

For a prenuptial agreement to be recognized by the court in the event of a dispute, it must meet all of the following conditions:

Legal capacity of parties — Both parties must have full legal and civil capacity (not legally incapacitated or restricted).
Voluntariness — The agreement must be entered into without coercion, fraud, mistake, or duress. If any such elements exist, the agreement may be voided.
Lawful purpose and content — The agreement must not violate legal prohibitions, social morals, or infringe on lawful rights (e.g., cannot waive rights to child support or inheritance).
Proper form and notarization — The agreement must be in writing and notarized or certified before marriage registration.
Timing — The agreement must be signed prior to marriage registration; if signed after, it is no longer considered “prenuptial.”

Failure to meet any of these conditions may lead the court to declare the agreement void (in whole or in part) under Article 50 of the Law on Marriage and Family 2014.

3. If a Dispute Arises: Will the Court Enforce or Reject It?

If a couple disputes how property should be divided—or whether certain assets are jointly or separately owned—based on the prenuptial agreement, here is how the court typically proceeds:

3.1 Enforce the Agreement if It Meets All Legal Conditions

If the agreement satisfies all conditions above, the court usually recognizes and applies it as the legal basis for property division.

For example, if the agreement defines Asset A as Wife A’s separate property, Asset B as jointly owned, and specifies that Asset C will be split 60/40 upon divorce, the court may follow that arrangement instead of applying the default regime.

3.2 If the Agreement is Invalid or Defective

The court may disregard or void the agreement (in whole or in part) if:

It violates legal prohibitions (e.g., removing a child’s right to support).
It fails to follow property regime principles under Articles 29–32 of the Marriage Law.
It was signed after marriage or lacks proper form (e.g., no notarization).
There is evidence of coercion, fraud, or undue pressure.

In such cases, the court will apply the statutory marital property regime to divide joint and separate assets accordingly.

3.3 When the Agreement Is Unclear or Incomplete

If the agreement is vague or does not address certain types of assets (e.g., property acquired during marriage), the court will apply default rules to fill in the gaps.

4. Benefits, Risks, and Best Practices to Minimize Disputes

4.1 Advantages

Proactive asset management: Clarifies ownership and management rights over assets.
Fewer conflicts during divorce: Clear guidelines make property division smoother.
Protects the financially weaker spouse: When fair, a prenup can prevent one party from bearing joint debts that were, in fact, personal.

4.2 Risks and Red Flags

The agreement may be invalidated by the court if it violates legal principles, especially regarding child support or is signed under duress.
Overly detailed clauses on personal rights (e.g., custody, family duties) may be rejected as beyond the legal scope of asset agreements.
Major post-marriage changes in assets or income not reflected in the agreement may create complications.
The relationship may be strained if one party feels pressured into formalizing property matters too early.

4.3 Best Practices for a Legally Sound Prenup

Draft carefully with clear terms; avoid ambiguity.
Consult a family law attorney to assess legal risks and ensure compliance.
Review clauses related to child support, inheritance, and ensure they do not violate legal prohibitions.
Ensure notarization/certification is done before marriage registration.
Include amendment clauses to allow for future updates if financial situations change significantly.

5. Conclusion: Can You Trust the Legal Value of a Prenup in Vietnam?

In practice, a prenuptial agreement in Vietnam is legally valid if it is interpreted as a written property regime agreement signed before marriage—and if it satisfies all legal conditions regarding subject matter, voluntariness, legality, form, and timing.

However, because the term “prenuptial agreement” is not separately codified under Vietnamese law, there are still risks. Mistakes in form, unlawful content, or excessive regulation of personal matters can lead the court to ignore or invalidate the agreement. That’s why precise drafting, legal review, and proper certification are crucial.