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In 2021, at age 29, Thu Thao, whose name has been changed, decided to marry. Before the wedding, however, she proposed drawing up a prenuptial agreement covering issues ranging from childbirth and inheritance to finances, support for parents, housework and how the couple should handle difficult periods.

“Since both of us came into the marriage with existing savings, we both felt that drafting a prenup will be mutually beneficial”, she says.

Financially, each person would contribute 80% of their income to a shared fund for daily expenses, debt payments, supporting parents, buying insurance, investments, and travel. Housework was to be divided in half.

The couple also agreed on the number of children they would have, adoption options in case of infertility, and disclosed their income, savings, and investments. Assets acquired before marriage would belong to the respective owner, while assets acquired during marriage would be handled according to law.

Because Thao’s parents did not have pensions, the prenup prioritized supporting them whenever needed. The agreement also stated codes of conduct, such as not arguing in front of outsiders or their children, and maintaining respectful forms of address during disagreements.

If the person raised their voice, the other person would yield, and communication would only continue once both had calmed down.

For Hong Hills, 43, the prenup she signed with her boyfriend from Florida, the U.S., in 2021 was so that “the wife and husband would have equal standing, with neither feeling superior nor inferior”.

Before marriage, Hong was a teacher in HCMC, with two children and an elderly mother. Her husband, Franklin, a businessman, possessed wealth many times greater than hers.

Determined to build a life together for companionship rather than money, she proposed a prenup before the wedding. Franklin supported the idea and hired lawyers to represent both sides in drafting the document.

In the agreement, they listed each person’s premarital assets, which would remain with the original owner.

They also came up with solutions for various scenarios that could come up in a marriage.

After the wedding, Hong would have to quit her job and move to the U.S. on a fiancé – fiancée visa. If the marriage paperwork were not completed within three months, she would have to return to Vietnam. In that case, he would provide her with US$20,000 to help her resettle back in the country.

If the procedures went smoothly, he would provide financial support for her to raise her children and support her mother while she was out of work.

Once Hong got a job, they would contribute to the family in proportion to their incomes. If the marriage broke down before she received her 10-year green card, the agreement included terms that ensured that she and her children would be supported.

“A prenuptial agreement is meant to protect the rights of both parties, not just those of the wealthier person”, Hong says.

In Vietnam, though there are no official statistics, family law experts and attorneys state that an increasing number of couples are signing prenups.

Nguyen Trong Nghia, director of Law Firm X, says the demand for marriage and family legal advice has changed a great deal in the last five years.

Previously, couples used to seek lawyers when preparing for divorce, but now, many proactively seek premarital advice to define assets, child care, and family responsibilities.

At his firm, premarital agreements account for around 30% of marriage- consultations.

A survey by Read of nearly 700 readers found 54% supporting premarital agreements, believing that establishing rules, rights, and responsibilities beforehand encourages clarity and equality in marriage.

Nghia notes that couples coming to law firms for premarital agreements are mostly financially capable, successful, and seeking a compatible partner. They tend to formalize agreements in writing to clarify rights and responsibilities, minimizing disputes or risk of exploitation.

Dr. Rahul Sambaraju, a senior lecturer in Psychology at RMIT University Vietnam, believes that as women become more economically independent, their demand for clear rights and responsibilities in marriage naturally increases.

According to him, the willingness to sign a premarital agreement has little to do with trust levels, satisfaction, age, or income. Instead, it mostly comes down to whether individuals view it as “unromantic” and feasible.

When executed voluntarily and respectfully, a prenup helps both parties understand each other’s expectations, he adds.

Nghia says making an agreement helps spouses “understand the rules of the game from the start.”

However, there is no one-size-fits-all in this regard and it is to each their own depending to circumstances and marital beliefs.

He says that Article 47 of the 2014 Law on Marriage and Family stipulates that agreements must be made prior to marriage in writing and notarized or certified, and takes effect on the marriage registration date.

Parties should list assets as specifically as possible, rather than making vague statements like “each person owns what is theirs,” he suggests. Appendices can cover real estate, savings, stocks, shares, businesses, vehicles, intellectual property, offshore assets, and proof of origin, he says.

For businesspeople, the agreement must clarify enterprise value, shares held before marriage, and value appreciation during marriage, he says.

Couples must not overlook debts, he warns, saying both spouses must define individual debts, family loans, liability for investment and business loans, and whether major financial transactions would require mutual consent, he adds.

From the U.S., Hong says both she and her husband felt secure and confident about marrying after signing the agreement.

The contract helps them understand what they stand to lose or keep in the event of a divorce, allowing them to prepare for the worst-case scenario and prevent emotional harm.

But after nearly six years of marriage, she and her husband agreed to dissolve their prenuptial agreement, and replaced it with a will that converts all separate property into joint property to secure the future of his wife and children should anything happen to him.

Franklin also signed an agreement accepting a 30% reduction in his pension so that, in the event of his death, his wife would receive his full pension and social security benefits.