How is forced divorce handled?
(Baonghean.vn) - My mother-in-law repeatedly threatened me mentally and forced me to divorce because I could not give birth to a son. What administrative penalties and criminal liability will I be subjected to for this behavior?. The concern of Ms. Vi Thi T. (Que Phong, Nghe An)
Reply:Pursuant to Clause 2, Article 59 of Decree 82/2020/ND-CP regulating administrative sanctions in the field of marriage and family:
“2. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for one of the following acts:
a) Marriage or cohabitation between people of the same bloodline or between relatives within three generations;
b) Marriage or cohabitation between adoptive parents and adopted children;
c) Forced marriage or fraudulent marriage; forced divorce or fraudulent divorce;
- Regarding the Criminal Law: According to Article 181 of Chapter XVII of the 2015 Penal Code and the Law amending and supplementing a number of articles of the 2017 Penal Code, the Crime of forced marriage, divorce or preventing voluntary, progressive marriage, preventing voluntary divorce:
Anyone who forces another person to marry against their will, prevents another person from marrying or maintaining a voluntary, progressive marriage, or forces or prevents another person from divorcing by torture, ill-treatment, mental intimidation, property claims or other means, and has been administratively sanctioned for this act but continues to violate, shall be subject to a warning, non-custodial reform for up to 03 years or imprisonment from 03 months to 03 years.
Thus, the act of forcing another person to divorce against their will is a violation of the law and can be administratively fined from 10,000,000 VND to 20,000,000 VND. If a person has been administratively fined for this act but continues to force a divorce, he/she may be criminally prosecuted for "Crime of forced marriage, divorce or obstruction of voluntary, progressive marriage, obstruction of voluntary divorce", accordingly, the offender may be warned, reformed without detention for up to 03 years or imprisoned from 03 months to 03 years.
