Reader N.M. D (in Ho Chi Minh City) asked: "I am 29 years old this year, currently working for a foreign company, the salary is quite high compared to the general level.
My boyfriend is 34 years old this year, owns a company specializing in interior design, doing well. We have been in love for 5 years and plan to hold a wedding this year.
My boyfriend and I are both modern people, with stable jobs and high incomes. Therefore, my boyfriend wants each person's assets to be independent after marriage. When he discussed this issue, I found it reasonable and completely agreed.
We agreed that after marriage, whoever's money will be kept, that person will keep it. Each month, my husband will give me a sum for common family activities and taking care of children later. We have contributed money to buy an apartment, so there is nothing to worry about.
However, when I told the family about our plans, both my parents and his parents objected. My parents said that as husband and wife, money must be converted into one relationship. My boyfriend's parents said that if each person keeps their own property, it will no longer be called family, living together is no different from a guest in the same house.
Although my parents object, my boyfriend and I still maintain the view that we will be independent in terms of property after marriage. However, I am wondering if our agreement is in accordance with the law or not? What do we need to do to be clear about the property of husband and wife? I would like to get advice from a lawyer.
Regarding the legal issue you asked, lawyer Duong Thu Hien - Thanh Lam Law Company Limited - advises as follows:
Article 28 of the Law on Marriage and Family 2014, amended and supplemented in 2025 (hereinafter referred to as the Law on Marriage and Family) stipulates the property regime of husband and wife, specifically:
Article 28: Applying the property regime of husband and wife
1. Husband and wife have the right to choose to apply property regime according to law or property regime according to agreement.
The property regime of husband and wife according to the law is implemented according to the provisions of articles from Article 33 to Article 46 and from Article 59 to Article 64 of this Law.
The property regime of husband and wife according to the agreement shall be implemented in accordance with the provisions of articles 47, 48, 49, 50 and 59 of this Law".
Based on the provisions of law, husband and wife can choose the property regime agreed upon or according to law. The property regime of husband and wife according to law is applied in cases where husband and wife do not choose to apply the property regime according to agreement or there is an agreement on property regime but this agreement is declared invalid by the Court. Thus, the two of you choosing the property regime of husband and wife according to agreement is completely in accordance with the provisions of law.
However, when choosing the property regime of husband and wife, you need to pay attention to the provisions of the Law on Marriage and Family (2024, amended and supplemented in 2025) on general principles on the property regime of husband and wife (Article 30); rights and obligations of husband and wife in meeting the essential needs of the family (Article 30); transactions related to the house as the sole residence of husband and wife (Article 31); transactions with a bona fide third party related to bank accounts, securities accounts and other movable property that are not required by law to register ownership rights or usage rights (Article 32). Whether you choose the property regime of husband and wife according to law or agreement, the provisions in the above articles of the Law on Marriage and Family are still applicable.
Another note is that if you and your husband have chosen the property regime according to the agreement, then during the marriage period, you and your husband have the right to amend or supplement part or all of the content of that property regime or apply property regime according to the law.
Article 47 of the Law on Marriage and Family stipulates the procedure for establishing the property regime of husband and wife according to agreement as follows:
Article 47. Agreement establishing the property regime of husband and wife
In case the two spouses choose the property regime according to the agreement, this agreement must be made before marriage, in the form of a notarized or certified document. The property regime of husband and wife according to the agreement is established from the date of marriage registration.
Thus, if you choose the property regime according to the agreement, you need to make a written agreement before marriage, and at the same time this document must be notarized or certified. The content of the written agreement on marital property regime is specifically stipulated in Article 48 of the Law on Marriage and Family:
Article 48. Basic content of the agreement on the property regime of husband and wife
1. The basic contents of the agreement on property regime include:
a) Assets identified as common property, private property of husband and wife;
b) Rights and obligations of husband and wife regarding common property, private property and related transactions; property to ensure essential needs of the family;
c) Conditions, procedures and principles for asset division when terminating the asset regime;
d) Other related contents”.
Based on the above-mentioned legal regulations, if you two have agreed to choose the property regime of husband and wife according to the agreement, then before registering for marriage, you two need to go to a notary office to prepare and request notarization of the agreement document on the property regime of husband and wife.
The above is the advice of the lawyer. Hope you have a basis to solve your problems.
