It's been 5 years since my wife and I were married in February 2015. Currently, I discovered my wife cheated on me and she had a child with another person. That made me completely depressed. Did my wife violate the law? How is it handled?

FDVN’s opinion:

Sincerely thank you for concerning our legal consulting service. We are glad to give you our advice on your question.

Your wife’s act of adultery has broken the Law on Marriage and Family to monogamous marriage. The main reason for your broken family is your wife adulterous and she had a child with another person. So according to current law, your wife may be subject to the administrative sanctions or criminal prosecution as follow:

[1].The regulations on administrative sanctions:

According to Clause 1, Article 48 Decree No. 110/2013/ND-CP stipulating the sanction of acts of violation of the regulation on marriage, divorce, and monogamy:

 “1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for one of the acts as follows:

a) Being married but still getting married to another person, being single but getting married to a person known as the married person.

b) Being married but living as husband and wife with another person;

c) Being single but living as husband and wife with another person known as married per”

Thus, your wife may be subject to administrative sanctions of between VND 1,000,000 and 3,000,000 because of “Being married but living as husband and wife with another person”.

[2].The regulations on criminal prosecution:

It is very serious that your wife had a child with another person, impacting your happy family. Your wife may be criminally prosecuted if she constitutes the crime according to Article 182 of the Criminal Code 2015 on “Adultery”.

 “Article 182. Adultery

1. Any married person who marries or cohabits with another person, any unmarried person who marries or cohabits with another person in the knowledge that he/she is already married and in any of the following circumstances shall receive a warning or face a penalty of up to 01-year community sentence or 03 - 12 months' imprisonment:

a) The offence results in the divorce of one or both parties;

b) The offender has incurred an administrative penalty for the same offence.

2. This offence committed in any of the following circumstances carries a penalty of 06 - 36 months'' imprisonment:

a) The offence results in the suicide of the spouse or child of either party;

b) The court has issued a decision on dissolution of the marriage or compulsory termination of the cohabitation but the offender still defies such decision.”

If the committed acts constitute the crime in Article 182 of the Criminal Code 2015, your wife shall receive a warning or face a penalty of up to 01-year community sentence or 03 - 12 months' imprisonment.

Above are the advice of FDVN Limited Law Firm base on studying law provisions and theories. We hope that our opinions would be useful.

Legal Expert: Nguyen Thi Hai Nhi

FDVN Law Firm

CONTACT US