Can I get married to my brother-in-law’s younger brother?

My elder sister got married in 2017. My brother-in-law is the second son of Mr. H. My sister and brother-in-law currently live and work in Da Nang City. My brother-in-law has the youngest brother studying in Da Nang just like me. Visiting my sister’s house regularly, I get acquainted with him. Six months ago, we have fallen in love with each other. At first, because we were afraid of being banned by our family, this relationship was very secret. Then, the fact was discovered and we have faced the pressure from the families. They said that it was illegal if we got married to each other. Please kindly advise me in my case. Thank you.

FDVN’s opinions:

Thank you for concerning and trusting in FDVN’s legal services. We have studied the law provisions to provide you with our advice. Please kindly see the answer below:

According to Clause 2, Article 5 of the Law on Marriage and Family 2014 on Protecting the marriage and family regime:

“2. The following acts are prohibited:

a/ Sham marriage or sham divorce;

b/ Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage;

c/ A married person getting married to or cohabitating as husband and wife with another person, or an unmarried person getting married to or cohabitating as husband and wife with a married person;

d/ Getting married or cohabitating as husband and wife between people of the same direct bloodline; relatives within three generations; adoptive parent and adopted child; or former adoptive parent and adopted child, father-in-law and daughter-in-law, mother-in-law and son-in-law, or stepparent and stepchild;

dd/ Demanding property in marriage;

e/ Forcing a person into divorce; deceiving a person into divorce; obstructing divorce;

g/ Giving birth with assisted reproductive technology for commercial purpose, commercial gestational surrogacy, prenatal sex selection, cloning;

h/ Domestic violence;

i/ Taking advantage of marriage and family rights for human trafficking, labor exploitation or sexual abuse or committing another act for self-seeking purposes.

…”

Besides, it is stipulated in Clause 17, Article 3 of this Law that the people of the same direct bloodline are those in the consanguineous relationship in which a person gives birth to another in a successive order. According to Clause 18, Article 3 of this Law, the relatives within three generations are the people born of the same stock with parents constituting the first generation; full siblings, paternal half-siblings and maternal half-siblings constituting the second generation; and children of paternal aunts, maternal aunts, paternal uncles, maternal uncles constituting the third generation. Thus, you and your boyfriend are not the people of the same direct bloodline or the relatives within three generations. So, it is not prohibited if you get married to him. You can register your marriage and start your marriage period if you meet the remaining conditions of marriage as prescribed by law.

That is the advice of FDVN to your request, based on the study of legal regulations. Hopefully FDVN's advice will be useful to you.

Legal expert: Thanh Tra

FDVN Law Firm

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