Limitations of the law in determining contributions in the joint property of spouses during divorce and some proposed remedies

Abstract

In a divorce case, the occurrence of disputes relating to the common property of the spouses is unavoidable. While social context popularizes a setup that only a husband (or wife) engages in productive activities to generate financial gains and assets for the whole family; and the wife or husband takes on the tasks of the housework, the contributions of the wife (or husband) has not been sufficiently recognized if during a divorce case, the split in common property is necessary. This problem has been governed by the laws of marriage and family of Vietnam. However, there are too many gaps in addressing this issue as revealed in the analysis, synthesis and evaluation of the provisions of the Law on Marriage and Family 2014 and other relevant legal documents. From there, the author explores the limitations of the law in determining the contribution of spouses in common property when divorced as well as proposing some measures to address these limitations