>> Super model cuts and runs over divorce lawsuit
Super model Ngoc Thuy, who faces being sued for allegedly appropriating the assets of her ex-husband, previously failed to register the marriage with authorities in HCM City.
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Super model Ngoc Thuy |
Her former husband Nguyen Duc An, a Vietnam-American was married to Thuy in 2006 but eventually filed for divorce in a Californian court in the US on September 26, 2007.
This means that the former marriage is not recognised in Vietnam and their dispute over assets worth VND288 billion (USD13.8 million) and child custody will be handled as a normal civil case.
No marriage
Nguyen Van Vu, from HCM City’s Department of Justice said on October 6 that since their marriage in the US in 2006, they had yet to formally notify Vietnamese authorities about the marriage, meaning they were not regarded as being legally married in Vietnam, Vu said.
Lawyer Nguyen Ngoc Bich from Ho Chi Minh City Bar Association agreed with Vu, saying that their marital status meant nothing in Vietnam as they only registered as being married in the US. Under the current laws, authorities in Vietnam are required to be informed about marriages, she noted.
“This dispute is not governed by the couple’s marital status as marriages abroad are not acknowledged in Vietnam,” said Lawyer Truong Xuan Tam, a member of the Vietnam Lawyers\' Association.
Ngoc Thuy holds upper hand
According to Bich, the couple are not recognised as spouses in Vietnam, so the assets may not be shared.
“This is just a normal property dispute, so the court may allow the person who has sufficient legal documentation to demonstrate their ownership of the assets,” she said.
Lawyer Le Thanh Kinh said the court may issue its decision firstly based on agreements between the two sides. If they had no agreement, the two sides will have to submit documents related to the dispute to demonstrate their ownership. At present, Ngoc Thuy is has a major advantages over her ex-husband as her husband had allowed her to sign documents to buy property in Vietnam.
During the period awaiting the California court\'s decision, An asked his wife to use the money that he had earned prior to their marriage to buy land and houses, vehicles and shares in Vietnam, in addition to setting up new bank accounts.
In March 2008, California’s Court of Appeal decided that An should be allowed to retain his assets as there had been no shared assets in their marriage, but Thuy did not comply with the court ruling. Instead she tried to redistribute the property among her family or trade them for money without his approval.
An was compelled to petition the court in order to claim back his property.