From the limits of sympathy to a feminist reconceptualization of justice in marital property division

Based on an analysis of the Vietnamese judicial practice of employing ‘sympathetic consideration’ in marital property division, this study interrogates whether this remedial approach-intended to protect wives disadvantaged by traditional norms-truly aligns with the justice conceptualised by feminist legal theory. This research argues that while ostensibly benevolent, this judicial practice functions as a form of paternalism that paradoxically reinforces stereotypes of female dependency, thereby subverting the goal of substantive gender justice. Building on this critique, the study moves from analysis to prescription, drawing upon a comparative review of advanced equitable frameworks to propose a normative framework for equitable distribution of marital assets upon divorce. This framework advocates for a multi-pronged system that includes codifying the equal weight of non-financial contributions, introducing specific methodologies for valuing unpaid labour, and establishing a layered system of compensatory remedies to ensure post-divorce economic stability. In doing so, this research offers a critical intervention by providing a principled roadmap for reforming family law, aiming to bridge the gap between discretionary judicial practice and feminist legal theory and to embed substantive equality into the legal fabric.