Ms. Nguyen Thi Thuy (name of the character changed) in Ho Chi Minh City wondered: "My husband and I got married, registered our marriage. I am currently pregnant with my first child. Recently, my husband and I had a conflict. After that, I discovered that my husband had been seeing another woman, even my husband secretly got married to that woman. The two of us held a banquet at the bride's house.
How will my husband's above behavior be handled? What should I do to make my husband take care of the child when he is born? I would like to ask the lawyer for advice.
Regarding your question, lawyer Duong Thu Hien - Thanh Lam Law Company Limited (Hanoi Bar Association) advises as follows:
Point c, Clause 2, Article 5 of the Law on Marriage and Family 2014, stipulates prohibited acts to protect the marriage and family regime, specifically: "A person who is married or cohabits as husband and wife with another person or is not married or cohabits as husband and wife with a person who is married or cohabits as husband and wife;".
Clause 7, Article 3 of the 2014 Law on Marriage and Family stipulates: "Living together as husband and wife is the fact that men and women organize a common life and consider each other husband and wife".
Thus, a person who is married and has a husband but marries or lives as husband and wife with another person is an act strictly prohibited by law.
Returning to the case of your husband, he is in the marriage period with you but secretly organized a wedding with another woman, having a party at the bride's house. Organizing a public wedding, having a party at the bride's house is a detail that can be considered by competent authorities together with other evidence to determine the act of living as husband and wife with another person during the marriage period.
Your husband's violation will be handled according to the provisions of law. In Clause 1, Article 59 of Decree 82/2020/ND-CP dated July 15, 2020 of the Government stipulating penalties for administrative violations in the field of judicial support; judicial administration; marriage and family; civil judgment enforcement; business and cooperative bankruptcy for acts of violating regulations on marriage, divorce and violating the one-wife marriage regime as follows: "Acts of violating regulations on marriage, divorce and violating the one-wife marriage regime as follows:
1. A fine of between VND 3,000,000 and VND 5,000 shall be imposed for one of the following acts:
a) Having a wife or husband but marrying another person, not having a wife or not having a husband but marrying someone you clearly know is having a husband or wife;
b) Having a wife or husband and living together as husband and wife with another person;
c) Not having a wife or not having a husband but living as husband and wife with someone you clearly know is having a husband or is having a wife".
Thus, according to the provisions of law, if your husband is a person who is legally married to you and lives as husband and wife with another person, he will be administratively sanctioned with a fine of between 3,000 VND and 5,000 VND.
Not only being administratively sanctioned, your husband's actions may also be considered for criminal prosecution. The 2015 Penal Code (amended and supplemented in 2017) stipulates the "Crime of violating the monogamy regime" in Article 182 as follows:
“1. A person who is married and marries or cohabits as husband and wife with another person or a person who is not married and does not have a husband but marries or cohabits as husband and wife with a person whom they clearly know is married and has a wife in one of the following cases shall be subject to a warning, non-custodial reform for up to 01 year or imprisonment from 03 months to 01 year:
a) Causing the marital relationship of one or both parties to lead to divorce;
b) Having been administratively sanctioned for this act but still violating.
2. Committing a crime in one of the following cases shall be sentenced to imprisonment from 06 months to 03 years:
a) Causing the wife, husband or child of one of the two parties to commit suicide;
b) There has been a decision of the Court to cancel the marriage or force the termination of cohabitation as husband and wife contrary to the monogamy regime while still maintaining that relationship.
Thus, according to the provisions of Article 182 of the 2015 Penal Code (amended and supplemented in 2017), if your husband violates the monogamy regime leading to your divorce, your husband may be prosecuted for criminal liability and no longer administratively sanctioned. Depending on the nature and severity of the crime, your husband may be prosecuted for criminal liability corresponding to the penalty frames specified in Article 182 of the Penal Code.
Currently, you are pregnant, your husband and wife are in a legal marital relationship, so your husband has an obligation to take care of and raise your child together when the child is born. This is specifically stipulated in Clause 1, Article 71 of the Law on Marriage and Family 2014 on obligations and rights to care for and raise: "Parents have equal obligations and rights to take care of and raise their minor children, adult children who have lost civil act capacity or are unable to work and do not have assets to support themselves".
To protect your legitimate rights and interests and those of your child, you can send a request to handle the violation to the commune-level People's Committee or the competent police agency if there is evidence that your husband's actions show signs of violating the law.
