Prenuptial Agreements

A prenuptial agreement, or prenup, is a legal contract prepared for and signed by a couple before marriage. It designates the division of assets and entitlements in case of divorce or death of a spouse. 

Despite the negative connotations associated with prenups, they are immensely useful when it comes to protecting the couple and their children, if any. In addition to the rights of each of the spouses, a well-drafted prenup sets out settlements involving inheritance, in the event of a sudden death. It also separates personal debts from joint debts, post-marriage. A difficult to quantify benefit of a prenup is; that it alleviates emotional distress in difficult times. Having a prenup shortens the length of legal proceedings that follow on from a separation or death. A prenup negates a number of default legal implications of marriage, as such, a prenup should be always be viewed in a positive light.

Since its legal recognition under Vietnam’s Law on Marriage and Family, Family Lawyers has been assisting clients draft and execute premarital contracts. During our consultation, our legal team focuses on your specific financial needs, your assets, bank accounts, properties, and investments, inside and outside of Vietnam, tailoring your agreement to best protect your and your family’s future. Adept with state law, our attorneys are capable of shaping a sophisticated prenup, enforceable by the courts of Vietnam. Throughout the process, Family Lawyers are discrete and act with transparency in all dealings with you and your partner’s legal representative, ensuring both parties are fully aware of their rights when executing the contract.

If you and your spouse are considering a prenuptial agreement, whether you are a local or a foreigner, Family Lawyers can advise you on the next steps. This includes:

• General guidelines on the legal provisions of prenups in Vietnam as well as cross-border issues
• Forensics of assets and future financial plans/projections
• Foster robust communication with your spouse’s attorney to ensure the fairest terms
• Draft, revise, notarize, and bring into effect a prenup that complies with the law of Vietnam
• Represent you in court, in case of a dispute

We understand that a prenup can be a delicate topic of discussion. With our knowledgeable and experienced team we make the process simple yet effective. Family Lawyers are well equipped to deal with any sensitivities and do so with care and consideration.