INTRODUCTION ABOUT PRE-NUPTIAL AGREEMENT
Overview of Prenuptial Agreements around the world
Prenuptial agreements between engaged couples have a long history, dating back thousands of years The earliest forms of such agreements can be traced to ancient Roman times, where legal concepts like “Nuptias non concubitus sed consensus facit” and “Stipulatio” laid the foundation for modern property agreements These ancient practices highlight the longstanding importance of clearly outlining property and financial arrangements before marriage, making prenuptial agreements a well-established tradition across different eras.
In ancient Roman marriage, the phrase “Nuptias non concubitus sed consensus facit” emphasizes that marriage was based on mutual agreement rather than mere cohabitation The concept of “Stipulatio” played a crucial role, representing a formal contractual agreement regarding the dowry conditions This article delves into the significance of these legal forms, highlighting how marriage was fundamentally a consensual arrangement supported by specific contractual practices in Roman law.
Firstly, we shall study about “Nuptias non concubitus sed consensus facit”
Under Roman law in the 1st century, there were two main types of marriage: cum manu and sine manu, each with distinct legal implications In cum manu marriage, the wife was placed under the legal control of her husband, entering his family and falling under his potestas or that of his father, which meant she had no rights of intestate inheritance in her natal family However, she gained inheritance rights in her husband's family, and her property became legally hers or her husband's The wife was legally related to both her husband and children under this marriage form Conversely, in sine manu marriage, the wife remained under her father's legal control, maintaining her property rights and her status within her natal family after marriage She could inherit from her father and did not legally join her husband's family, continuing her membership in her original family network.
2 Stanley Yorker, “Prenuptial Agreements: Thousands of Years of History”, http://atlantablackstar.com/2012/07/26/prenuptial-agreements-thousands-of-years-of-history/ (last visited May
3 John Peradotto, J John Patrick Sullivan, “Women in the Ancient World: The Arethus Papers”, State
University of New York Press, (1984), page 243
In Roman law, women in the context of "sine manu" marriage were legally independent from their husbands and children, lacking rights of intestate inheritance This legal arrangement granted women greater freedom from a husband's authority, particularly concerning property rights As highlighted in Virgil's "The Aeneid" and historical sources on First Century Rome, women under sine manu were not related to their husbands or children by law, emphasizing their independence and the legal frameworks that protected their property rights.
The Latin maxim "Nuptias non concubitus sed consensus facit" emphasizes that marriage is established through mutual consent, not merely cohabitation Historically, in Ancient Roman law, marriage was a formal agreement where wives were not under their husband's control, a concept known as "sine manu." This principle underpins the practice of "sine manu" marriages, where the wife retains control over her property before marriage, based on the understanding that consent, rather than living together, creates a binding marital union Over time, this has evolved, and contemporary marriage no longer requires the husband to possess absolute ownership, reflecting a shift towards recognizing individual property rights within marriage.
Stipulatio, in Roman law, is a unique form of contract based on a simple question and answer format, with no parallel in other legal systems It was initially developed with strict rules, requiring both parties to be present throughout a continuous, oral, Latin-speaking process—though no witnesses were necessary This form of contract could be used by citizens for any lawful purpose, such as promising a dowry, making a sale, or engaging services Historically, dowries, often seen as early prenuptial agreements, are mentioned in seventh-century writings as a necessary aspect of marriage negotiations.
5 John Peradotto, J John Patrick Sullivan, “Women in the Ancient World: The Arethus Papers”, State
University of New York Press, (1984), pp.243-247
6 Perry, Joseph N “Canonical Concept of Marital Consent: Roman Law Influences”, 25 Cath Law 228 (1979-
7 USLegal, Inc., About definition, Inc., http://definitions.uslegal.com/n/nuptias-non-concubitus-sed-consensus- facit/ (last visited May 7, 2013)
8 “Stipulatio”, encyclopedia britannica, http://global.britannica.com/EBchecked/topic/566546/stipulatio (last visited July 7, 2013)
9 Alan Watson, “Roman Law and Comparative Law”, University of Georgia Press, (1991), pp.125
In Roman marriage, the dowry served as a practical and business-like arrangement, with the bride’s family contributing to the household expenses Families often agreed on dowry arrangements in advance, sometimes creating a detailed list of property before the marriage The destiny of the dowry after marriage depended on its source and any prior agreements; if arrangements called for it, the dowry was classified as “dos recepticia” and handled according to the specified terms Roman law distinguished between different types of dowries, such as “dos profecticia,” given by the bride’s father, which could be reclaimed if the marriage ended due to death or divorce.
“dos adventicia” was given by the daughter herself, The wife usually recovered this dowry However, if she died, the husband retained this dowry 12
The analysis indicates that "Nuptias consensus facit" and "stipulatio" are among the earliest forms of prenuptial agreements While these historical practices did not fully exhibit all modern characteristics of prenuptial agreements, they contained fundamental proto-elements that laid the groundwork for contemporary practices.
The origins of prenuptial agreements are deeply rooted in historical influences such as tradition, culture, state power, individual freedoms, and religious beliefs—particularly Christianity, which has significantly shaped societal norms In early Christian society, marriage was influenced by Jewish and Roman traditions; Jewish tradition emphasized the importance of religious ceremonies and blessings, with marriage conducted in two stages: espousal, marked by blessings, and the wedding ceremony, which involved many important rituals after a year of betrothal These historical practices contributed to the development of modern prenuptial agreements by reflecting the evolving views on marriage and individual rights over time.
11 Judith Evans Grubbs, “Women and the law in the Roman Empire: a sourcebook on marriage, divorce and widowhood”, Rouledge, (2002) , pp 97
12 Jane F Gardner, “Women in Roman Law & Society”, Indiana University Press, (1991), pp.105
13 Tran Chung Ngoc, “Catholic faith- Origin of Christianity”, Giao Diem publisher, (2000): Christianity originated from Jews and appeared in area of Roma empire, until 61 Christianity became popular in Roma
Roman tradition emphasized mutual agreement in marriage, with the state refraining from intervening in wedding ceremonies and respecting local customs Roman law required legal agreements to prevent disputes, making it possible for anyone to conduct a wedding in any form, provided there was a clear mutual agreement; without this, the marriage was considered illegal under the law In the early days, Christianity was heavily influenced by Jewish traditions and did not initially address the importance of agreements in marriage.
The 5 th Century, Roma Empire collapsed and Germanic tribe established a large number of Feudalism western countries In this period, social structure was disordered, all power fell into Catholic Church Agreements in marriage were determined clearly in canon law In the 13 th Century, the point of view of religion emphasized the agreement in marriage, it appeared a type of contract which had been established before marriage to provide rights and obligations of spouses This contract had whole characteristic of a prenuptial agreement Legal value of Prenuptial agreement was acknowledged in the first Civil Code in world- Napoleon Civil Code
Prenuptial agreements have historically been popular among Christians who follow the Roman Catholic Church, due to the Church’s stance against divorce As the Catholic Church does not permit divorce, couples often seek alternative solutions to resolve conflicts, particularly regarding property disputes Consequently, prenuptial agreements became an essential legal tool to address these issues and protect their assets before marriage.
The Hebrew marriage contract, known as the "ketubah," dates back over 2,000 years and serves to protect women in cases of divorce or widowhood by outlining the husband's financial obligations This historic agreement was designed to make divorce more costly for the husband, thereby promoting marital stability.
By the ninth century in Europe, husbands were required to secure one-third of their property to their wives on their death as dower rights Wives sometimes brought
15 Stefano M.Grace, “Journal of transnataional law & policy” California University, (2003), pp 480
16 N Levison, The Jewish Background of Christianity (1932) dowries of money or land to the marriage These arrangements were covered in an agreement drawn up before the marriage
In fifteenth century England, Edward IV reportedly had a prenuptial agreement with Eleanor Butler between 1461 and 1464, highlighting early legal considerations around marriage and property rights Up until the 19th century in the United States, married women were legally unable to own property, reflecting widespread societal restrictions This began to change when New York State passed the Married Women’s Property Act of 1848, marking a significant step toward women’s legal independence During this period, women needed marriage contracts to secure their property rights in case of divorce or their husband's death, illustrating the evolving legal landscape surrounding women's property ownership.
Prenuptial agreements have a long-standing history dating back to ancient times worldwide Their origins can be traced to the Roman period, where early forms such as "Nuptias non concubitus sed consensus facit" and "Stipulatio" laid the foundation for modern marital contracts.
Analyzing provisions in statutes of some national legal systems
Prenuptial agreement is an institution which has existed for a long time around the world Nowadays, this institution is provided in most of countries in the world
This article examines the legal provisions governing prenuptial agreements in various countries, including England, Australia, Austria, Brazil, Canada, China, Finland, Germany, Greece, Ireland, Jamaica, Japan, Luxembourg, Netherlands, New Zealand, Philippines, Portugal, Russia, Spain, Sweden, Switzerland, the United States, France, and Thailand The focus is on analyzing the specific laws and regulations related to prenuptial agreements within the legal systems of Thailand, France, the United States, and China.
In Thailand’s legal system, a prenuptial agreement must meet specific conditions to be valid, including clear terms and mutual consent of both parties Both parties involved should fully understand and voluntarily agree to the terms set forth in the contract The agreement can be modified or revoked through mutual consent or legal procedures, ensuring flexibility for changing circumstances The timing of entering into a prenuptial agreement is crucial and typically occurs before marriage, providing legal clarity from the outset Once duly executed, the prenuptial agreement has a significant legal effect, defining the property rights and obligations of each spouse during marriage and upon dissolution.
Conditions of prenuptial agreement include three elements: enforcement of prenuptial agreement, formalities of prenuptial agreement and content of prenuptial agreement
A prenuptial agreement must contain lawful and ethically acceptable provisions to be valid Any clause that contradicts public order or good morals is considered void and unenforceable Additionally, provisions that state the relations regarding assets are governed by foreign law are also invalid Ensuring that the agreement complies with these legal principles is a crucial prerequisite for its validity.
22 Section 1465 of the prenuptial agreement code of Thailand (the civil and commercial code of Thailand, book
5) besides, the prenuptial agreement is void if not entered into the marriage register at the time of registering the marriage terms of the prenuptial; or if it was not performed in writing and signed by both spouses with two witnesses at least and entered in the marriage register at time of marriage registration affirming that the prenuptial is thereto annexed 23 Those are conditions about procedures and formalities of prenuptial agreement which are stipulated in the Civil and Commercial Code of Thailand
A prenuptial agreement must be in writing, signed by both spouses and at least two witnesses, and properly entered into the Marriage Register at the time of marriage registration If the agreement is not registered in the marriage register during the marriage registration process or is not documented and signed as required, it becomes void Ensuring the prenuptial agreement is properly recorded and signed is essential to its validity and enforceability.
Assets of husband and wife except in so far as they are set aside as Sin Suan Tua and
Sin Somros (Section 25) refers to assets or property owned by either spouse prior to marriage, as well as personal items, clothing, or tools necessary for their profession or suited to their social status It also includes assets acquired through gifts or wills during the marriage Khongman (Section 26) states that each spouse is responsible for managing their own Sin Suan Tua, ensuring individual control over personal assets.
23 Section 1466 of of the prenuptial agreement code of Thailand (the civil and commercial code of Thailand, book 5)
24 section 1466 of the prenuptial agreement code of Thailand (the civil and commercial code of Thailand, book
25 Section 1470 of of the prenuptial agreement code of Thailand (the civil and commercial code of Thailand, book 5)
26 Section 1471 of the prenuptial agreement code of Thailand (the civil and commercial code of Thailand, book
27 Section 1473 the prenuptial agreement code of Thailand (the civil and commercial code of Thailand, book 5)
Sin Somros encompasses assets acquired during marriage, including those obtained through a will or gift made in writing, provided it clearly states they are Sin Somros; it also includes the Fruits of Sin Suan Tua In cases of doubt regarding whether a property qualifies as Sin Somros, it is presumed to be Sin Somros until proven otherwise Proper management of Sin Somros requires joint consent from both spouses or that one spouse obtains the other's approval for key transactions such as selling, exchanging, mortgaging, or releasing mortgage rights on the assets These rules ensure mutual agreement in the handling of Sin Somros assets during the marriage.
This article outlines key legal activities, including developing or distinguishing parts of immovable assets such as servitudes, rights of habitation, superficies, usufruct, or charges It emphasizes the importance of leasing immovable property for more than three years and engaging in loan agreements involving immovable assets Additionally, contributing gifts is permitted unless intended for charitable, social, or moral purposes that align with family circumstances, and making compromises or settlements is also noteworthy The article highlights the process of submitting disputes to arbitration and using property or assets as collateral or security through authorized officials or courts.
Under Thai law, spouses can manage Sin Somros independently in cases not specified in paragraph one, without requiring mutual consent The husband and wife have the ability to handle Sin Somros separately or jointly, fully or partially, in accordance with Section 1476 Additionally, a prenuptial agreement outlined under Section 1476 can regulate the management of Sin Somros, providing clarity and legal framework for such arrangements.
1465 and Section 1466 has been made In such case, the management of the Sin Somros shall be made in accordance with the prenuptial agreement
In situations where the management provisions of Sin Somros in the prenuptial agreement differ slightly from those outlined in Section 1476, the management of Sin Somros beyond what is specified in the prenuptial agreement will be governed by the applicable legal provisions.
28 Section 1474 of the prenuptial agreement code of Thailand (the civil and commercial code of Thailand, book
29 Section 1476 of the prenuptial agreement code of Thailand (the civil and commercial code of Thailand, book
5) agreement shall be made in accordance with Section 1476 30 We can understand that content of prenuptial agreement includes clauses about managing Sin Suan Tua and maybe also provide about Sin Somros
1.2.1.2 Condition of two parties in prenuptial agreement
In Thailand, when spouses have not established a special contract regarding their assets before marriage, their property relations are governed by the provisions of this chapter A prenuptial agreement is a legal contract made between prospective spouses prior to marriage to define the management and division of their assets The parties involved in such an agreement are the future husband and wife, who formalize their intentions regarding asset arrangements before tying the knot.
Prenuptial agreements cannot be altered after marriage unless authorized by the Court Once the Court issues a final order to modify or cancel a prenuptial contract, it is responsible for informing the Marriage Registrar to ensure the changes are recorded in the Marriage Register.
1.2.1.4 Time to enter into prenuptial agreement
According to Section 1465 of Thailand's Civil and Commercial Code, a prenuptial agreement is established before marriage when spouses have not entered into a specific contract regarding their assets This section states that if there is no prior agreement, the couple’s asset relations will be governed by the provisions of this chapter.
30 Section 1476/1 of the prenuptial agreement code of Thailand (the civil and commercial code of Thailand, book 5)
31 Section 1465 of the prenuptial agreement code of Thailand (the civil and commercial code of Thailand, book
32 Section 1467 of the prenuptial agreement code of Thailand (the civil and commercial code of Thailand, book
The prenuptial agreement code of Thailand (the civil and commercial code of Thailand, book 5) does not mention time to take effect of prenuptial agreement
Although the Napoleon Civil Code of 1804 does not explicitly mandate the enforcement of prenuptial agreements, it emphasizes that such agreements must conform to specific content and formal requirements All matrimonial agreements are required to be drafted in writing before a notary public, with the presence and consent of all parties or their agents The notary must provide a certificate on unstamped paper at the time of signing, detailing the names, occupations, residences of the future spouses, and the agreement’s date, which must be lodged with civil status authorities before marriage If a marriage record indicates the absence of an ante-nuptial agreement, spouses are presumed to be married under the general law to third parties unless they have explicitly declared otherwise in their transactions, highlighting the importance of formal adherence to legal procedures for prenuptial agreements under the Civil Code.
Common characteristic of Prenuptial Agreement
Prenuptial Agreement is a type of civil contract and must, therefore, comply with ordinary principles of contract law Essential characteristics of The prenuptial agreement are given below:
Prenuptial agreement must have consent of the parties and have content lawful and form comply with the law
Prenuptial agreement must be in writing and signed by both parties, If these legal formalities are not completed, it cannot be treated as a valid agreement
A prenuptial agreement must include clauses related to property, clearly distinguishing between separate and community property, and may also address primary residences, vacation homes, vehicles, and possessions It can define how pre-marriage debts will be managed post-marriage and specify arrangements for alimony or child support in case of divorce Additionally, a prenuptial agreement may contain provisions regarding the care of a terminally ill spouse and their last wishes, serving as a supplementary estate plan Incorporating these essential elements ensures the agreement provides clarity and legal protection for both partners.
Prenuptial agreements in China are governed by specific legal frameworks that regulate the rights and obligations of future spouses According to Zhang Xian Chu (2013), these agreements are recognized under Chinese law and can effectively delineate property and financial arrangements prior to marriage The importance of prenuptial agreements lies in their ability to protect individual assets and clarify responsibilities, providing legal certainty for both parties Understanding the legal context and enforceability of such agreements is essential for couples seeking to establish clear financial arrangements before their union.
65 Gwen Wark, “Definition of Prenuptial Agreements”, http://www.ehow.com/about_5057879_definition- prenuptial-agreements.html (last visited May 10, 2013)
A prenuptial agreement typically outlines provisions for divorce, ensuring clarity and fairness in settlement terms It can also include arrangements for caring for a sick or terminally ill partner, providing peace of mind during difficult times Additionally, a prenuptial agreement can serve as a will, guiding the surviving partner on inheritance and estate matters after the spouse's death.
1.3.4 Two parties of prenuptial agreement
A prenuptial agreement is made between two individuals who are legally preparing to marry Both parties must have the legal capacity to enter into and fulfill the rights and obligations outlined in the agreement This legal document helps clarify financial arrangements and responsibilities before marriage, ensuring clarity and protection for both parties.
1.3.5 Time to enter into prenuptial agreement
Prenuptial agreement must be established prior to marriage
Prenuptial agreements are designed to protect a spouse’s separate property owned prior to marriage By establishing clear terms, they ensure that this property remains individual and separate even after the marriage Additionally, a prenup can prevent the accidental creation of community property during the marriage, helping to preserve each spouse's financial independence and assets.
Creating a prenuptial agreement can help couples avoid potential disputes by clearly outlining how their property will be divided and whether either spouse will receive alimony, providing peace of mind before marriage Additionally, a prenup allows spouses to plan for financial management, child custody arrangements, and other important issues, ensuring that both parties are protected and prepared for future challenges.
Prenuptial agreement in Vietnam legal system
1.4.1 Prenuptial agreement in France’s colony period
In 1858, France invaded Vietnam and implemented a "divide to rule" policy, dividing the country into three distinct regions with different administrative and legal systems Southern Vietnam (Cochin-China) and the major cities of Hà Nội, Hải Phòng, and Đà Nẵng were directly controlled as French territories Central Vietnam functioned as a French protectorate, while Northern Vietnam (Tonkin) was a semi-protectorate and semi-colony This division significantly impacted family and marriage laws across the regions, shaping their legal frameworks under colonial influence.
66 “Purposes For Prenuptial Agreements”, the law office of Jeffrey lalloway, http://www.divorce-lawyer- orange-county.com/purposes-for-prenuptial-agreements.html (last visited June 10, 2013)
67 Textbook “History of State and Law” (Giáo trình Lịch sử nhà nước và pháp luật), Ho chi minh city
University of law, Hong Duc, Vietnam Law Society, (2013) characteristics of Europeanize style of France and remained habit and custom of Viet Nam 68
In 1883, three regional civil codes concerning family and marriage were established across different regions Notably, the South Civil Code, also known as the Abbreviated Civil Code of 1883, was enacted under the leadership of the French President on March 10th.
The Civil Code was first promulgated on March 26, 1883, in Cochinchina and major cities such as Hanoi, Hai Phong, and Da Nang It was implemented in Vietnamese courts in the northern region in 1931 under the North Civil Code Additionally, the Central Vietnam Civil Code, known as Hoàng Việt Trung kỳ Hộ luật, was ratified in 1936, marking significant milestones in Vietnam’s legal history.
In Southern Vietnam, during marriage, all property belonged to the husband, and wives did not have separate property rights; even assets acquired before marriage, including movable and real estate, were owned solely by the husband Conversely, in Central and Northern Vietnam, spouses could enter into pre-nuptial agreements to address property rights and divisions The Northern Civil Code and Central Vietnam Civil Code provide specific legal frameworks regarding these arrangements, highlighting regional differences in marital property laws.
According to Article 104 of the North Civil Code 1931, the law intervenes in property matters between spouses only when there is no prenuptial agreement, ensuring such intervention aligns with local customs and traditions The article emphasizes that the law does not interfere if the property arrangements do not oppose social customs or infringe upon the husband's rights as head of the family Additionally, Article 105 further clarifies the legal scope concerning spousal property rights, reinforcing the importance of mutual agreement and customary practices in marital property disputes This legal framework aims to balance the protection of spouse rights while respecting cultural norms and family authority.
North Civil Code 1931: “Prenuptial agreement must be in writing in the presence of
The book "Vietnam Marriage and Family Regimes Both Past and Present" by Phan Dang Thanh and Truong Thi Hoa offers a comprehensive analysis of the evolution of marriage and family structures in Vietnam Covering historical and contemporary perspectives, it highlights key changes in marital practices, family roles, and social values over time The authors examine traditional customs alongside modern influences, illustrating how Vietnamese family dynamics have adapted in response to societal transformations This work provides valuable insights into the cultural significance of family in Vietnam and underscores ongoing shifts in marriage regimes.
69 Textbook “History of State and Law” (Giáo trình Lịch sử nhà nước và pháp luật), Ho chi minh city
University of law, Hong Duc, Vietnam Law Society, (2013)
The article "Vietnam Marriage and Family Regimes Both Past and Present" by Phan Dang Thanh and Truong Thi Hoa, published by Ho Chi Minh City Tong Hop Publisher in 2012, provides a comprehensive analysis of the evolution of marriage and family systems in Vietnam It highlights how traditional Vietnamese marriage customs have transformed over time, reflecting broader social and cultural changes The authors explore key aspects such as marriage practices, family roles, and legal frameworks, emphasizing the continuity and adaptation of Vietnamese family regimes from historical to modern contexts This work offers valuable insights into the development of family structures in Vietnam, making it an essential resource for understanding the country's social history and contemporary family law.
A prenuptial agreement must be made prior to marriage and cannot be altered afterward, as confirmed by the Commune chief No-te 71 Both parties with legal capacity are required to sign the agreement, and assets acquired after marriage should be recorded on the marriage certificate, which affects third parties Civil status officers can issue an extract certificate of marriage noting these details, in accordance with Article 106 of the North Civil Code 1931 If no prenuptial agreement is in place, spouses' properties become community property, meaning their incomes are combined.
According to Articles 104 and 106 of the North Civil Code 1931, the code establishes legal provisions for both property rights and property agreements within marriage Article 104 states that “Prenuptial agreements are not contrary to habit and custom,” affirming their lawful and culturally acceptable nature This highlights that prenuptial agreements are recognized as valid legal instruments under the North Civil Code 1931, providing clarity and legal assurance for couples planning their property arrangements before marriage.
“does not conflict to the rights of the husband who owns the family” is not proper because prenuptial agreement must be an equal agreement between two parties
A prenuptial agreement must be signed by both parties who have the legal capacity to contract, meaning they possess the legal competence to enter into a valid agreement Legal capacity to contract generally refers to an individual's ability to legally bind themselves through contractual obligations, reflecting their competence to perform certain acts essential to forming enforceable agreements.
A prenuptial agreement must be in writing and notarized by a “Notary” or Commune Chief, as stipulated in Article 105 Although the North Civil Code 1931 does not explicitly specify the contents of such agreements, property rights are a primary focus, and the agreement typically addresses issues related to the couples' property arrangements.
71 North civil code 1931 used “no-te”, The "no-te" is borrowed from French “Notaire”, translate to english is
Law expert Ngo Van Thau's work, “Law on Marriage and Family Before and After the August Revolution,” provides a comprehensive analysis of the evolution of family law in Vietnam Published by Hanoi Justice Publishing in 2005, this book examines the legal changes impacting marriage and family dynamics from prior to the August Revolution through the post-revolution period Pages 76-78 highlight significant reforms that shaped contemporary family law, reflecting the societal shifts during this transformative era This scholarly work offers valuable insights into the development of Vietnam’s legal framework governing marriage and family life.
Under Contract Law, the capacity to contract is a fundamental legal concept, as outlined on USLegal's website When it comes to marital property, the law typically intervenes only if spouses have not entered into a prenuptial agreement, according to Article 104 Additionally, assets acquired after marriage must be documented on the marriage certificate as stipulated in Article 105 In the absence of a prenuptial agreement, the law generally considers both spouses’ properties to be community property, as stated in Article 106.
It is essential to establish a prenuptial agreement before marriage, as stated in Article 105, which emphasizes that a prenuptial agreement must be made prior to tying the knot Once the marriage has taken place, the amendment or abolition of the prenuptial agreement is generally not permitted, according to existing legal provisions Therefore, couples should carefully consider and finalize their prenuptial agreement prior to their wedding to ensure their rights and obligations are clearly defined and protected.
105) It means that spouse does not have right to change prenuptial agreement after marriage
According to Article 102 of the Central Civil Code, in the absence of a prenuptial agreement, the law intervenes to resolve property issues between spouses A prenuptial agreement is valid as long as it does not contradict local customs and habits and does not infringe upon the rights of the husband who owns the family property.
Conclusion
Prenuptial agreements have a long history, dating back to ancient Rome where they first appeared Over the centuries, this legal institution evolved and gradually spread across various countries worldwide Today, prenuptial agreements are an important tool for couples to protect their assets and clarify financial responsibilities before marriage, reflecting their long-standing significance in marriage law.
88 Master.Pham Minh The, Ha Noi National University, “Communist Party‟s viewpoint about role of family in respect with building new human in international integration process”, Communist Journals No.848 (June
89 Textbook “Law on Marriage and family” (Giáo trình luật hôn nhân và gia đình), Hong Duc, Vietnam Law Society, Ho Chi Minh city University of law, (2012)
Prenuptial agreements are prevalent in both Western countries, such as the United States, United Kingdom, France, and Germany, as well as in some Eastern countries like Thailand and China Although Vietnam's legal history included prenuptial agreements, they were later abolished due to certain reasons Despite variations across legal systems—common law (United States), civil law (Thailand, France), and socialist legal systems (China)—prenuptial agreements share key characteristics This overview explores the history of prenuptial agreements and their legal provisions across different countries, affirming their historical existence in Vietnam’s legal system.