How Is Cohabitation with a Married Person Penalized?
1. The act of cohabiting as husband and wife with a person who is already married is prohibited by law
Pursuant to Clause 2, Article 5 of the Law on Marriage and Family 2014, the following regulations apply:
The following acts are prohibited:
- Sham marriage, sham divorce;
- Child marriage, forced marriage, fraudulent marriage, obstructing marriage;
- A person who has a spouse marries or cohabits as husband and wife with another person or a person who does not have a spouse marries or cohabits as husband and wife with someone who is already married;
- Marriage or cohabitation as husband and wife between persons in direct blood relations; between persons within three generations in the same family line; between adoptive parents and adopted children; between persons who were previously adoptive parents and adopted children, father-in-law and daughter-in-law, mother-in-law and son-in-law, stepfather and stepdaughter of the wife, stepmother and stepson of the husband;
....
Therefore, according to the above regulations, the act of an unmarried person cohabiting as husband and wife with someone who is married and the act of a married person cohabiting as husband and wife with another person is strictly prohibited by law.
2. How is the act of cohabiting as husband and wife with a person who is already married punished?
Pursuant to Clause 1, Article 59 of Decree 82/2020/ND-CP, a fine ranging from VND 3,000,000 to VND 5,000,000 will be imposed for any of the following acts:
- Having a spouse but marrying another person, not having a spouse but marrying someone they know is already married;
- Having a spouse but cohabiting as husband and wife with another person;
- Not having a spouse but cohabiting as husband and wife with someone they know is already married;
- Marriage or cohabitation as husband and wife between persons who were previously adoptive parents and adopted children, father-in-law and daughter-in-law, mother-in-law and son-in-law, stepfather and stepdaughter of the wife, stepmother and stepson of the husband;
Obstructing marriage, demanding wealth in marriage, or obstructing divorce.
The person cohabiting as husband and wife with your wife may face a fine ranging from VND 3,000,000 to VND 5,000,000.
Sincerely,
