Resolving Marital Property Disputes and Child Custody Rights in Divorce

Securing Legal Rights and Welfare for Spouses and Children in Divorce

Divorce carries sensitive legal complexities: dividing common matrimonial assets and determining child custody rights.

1. Common Property Division Principles under Article 59

Matrimonial assets are divided equally in principle, but courts strictly evaluate 4 key statutory factors:

• Family circumstances of each spouse after divorce.
• Contributions of each spouse in acquiring, maintaining, and developing common property (homemaking counts as income-generating labor).
• Protecting legitimate interests in production, business, and profession to enable ongoing livelihood.
• Fault of each spouse in violating spousal duties (infidelity, domestic violence, asset dissipation).

2. Proving Separate Property

Assets separately inherited, gifted individually during marriage, or acquired before marriage constitute separate property unless formally merged into common assets. Clear bank traces and purchase contracts are critical evidence before court.

3. Child Custody & Maintenance Support

Under Article 81 of the Law on Marriage and Family: Children under 36 months are assigned directly to the mother (unless incapacitated or mutually agreed otherwise). For children aged 7 and older, the Court must consider the child's explicit wishes.