What people are going to face when having kids with someone not their spouses?

A. QUESTION:

Hi lawyer, my husband and I got married 4 years ago. Recently, I found out that my husband has an affair with another woman, and they even have a child together. I want to know if a spouse has kids with other people, shall he/she face criminal charges? Thank you in advance.

B. ANSWER FROM PL & PARTNERS LAW FIRM:

Thank you for trusting and sending your question to PL & Partners Law Firm. Regarding your question about whether a married person having kids with other people faces criminal charges or not, we would like to reply as follows:

Article 5.2.c of the Law on Marriage and Family 2014 stipulates the prohibited acts, including:

“c) Married people get married or cohabit with other people or unmarried people get married or cohabit with married people.”

Pursuant to the law, your husband might face administrative sanctions or even criminal charges as follows:

1. Be administratively sanctioned:

Pursuant to Article 59.1 of Decree no.82/2020/ND-CP, in case married people cohabit with other people, a fine ranging from VND3,000,000 to VND5,000,000 shall be imposed.

2. Face criminal prosecution:

Pursuant to Article 182 of Criminal Code 2015, depending on the severity of the violation, the sentence shall be different, from a non-custodial sentence to 03 years sentence:

“1. Married people who get married or cohabit with other people or unmarried people who get married or cohabit with people who they knew that already got married and under one of these cases shall get a warning, face a penalty of up to 01 year’ non-custodial 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 sanction for the same offence.

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 your husband meets all conditions mentioned in Article 182 as set forth above, he can get a warning, or face a penalty of one year’ non-custodial sentence or 3-12 months’ imprisonment.

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The above-mentioned consulting opinions are based on the provisions of the law and information provided by the client. Any legal opinions expressed (unless cited) are our own and for reference only.
At the time you read this article, the laws we refer to may have expired, or have been amended or supplemented. Therefore, we do not guarantee that the above information can be applied to all cases, to all subjects, at all times.
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