Some time ago, online newspapers always reported hot news about the love story of actors Phuong Oanh and Shark Binh. There are many opinions surrounding this issue, but from a legal perspective, when Shark Binh confirmed that he was separated from his wife, was his relationship with Phuong Oanh correct or not? To determine whether Shark Binh's behavior is correct or not, Vietpex will conduct the following analysis:
- The concept of separation
Currently, the 2014 Law on Marriage and Family does not have specific regulations on separation or its definition. But in social life, separation is often understood as “The fact that the couple lives separately, not living and doing activities together; that couples choose to minimize stress and marital conflicts."
In essence, separation does not end the legal relationship between spouses; but the parties still have full rights and obligations regarding children, property and marriage because the marital relationship only ends when there is a decision or judgment of the Court.
- If a husband and wife separate, does one of them have the right to know another person?
According to the provisions of Point c, Clause 2, Article 5, the Marriage and Family Code regulates prohibited acts. “A married person who is married or living as husband and wife with another person or who is unmarried or unmarried but marries or lives as husband and wife with a married person;” or according to Clause 1, Article 19 of the Law on Marriage and Family “Husband and wife have the obligation to love, be faithful, respect, care for, care for, and help each other; Let's share and do family chores together." Thus, even though the couple has separated, at this time, the marital relationship between the two has not ended and is still protected by law, so the husband still has the obligation to be faithful to his wife. , therefore, the act of knowing another person is contrary to the provisions of the Law on Marriage and Family.
- Penalties for knowing other people during separation
Determining the act of loving another person while the marriage relationship has not ended; will be subject to administrative sanctions as prescribed in Article 59 of Decree 82/2020/ND-CP
“Fine from 3,000,000 VND to 5,000,000 VND for one of the following acts:
a) Being married or being married but married to someone else, without a wife; or are unmarried and marry someone they know is married; or are married;
b) Being married or having a husband living together as husband and wife with another person;
c) Not married or unmarried but living together as husband and wife; that I know clearly that I am married or married;
d) Marriage or living together as husband and wife between a person who was an adoptive parent and an adopted child; father-in-law with daughter-in-law, mother-in-law with son-in-law, stepfather with stepchild; stepmother with her husband's stepchild;”
In many cases, the husband can even be criminally prosecuted for this behavior according to Article 182, Penal Code 2015:
"first. Any person who is married or has a husband but gets married or lives as husband and wife with another person; or people who are unmarried or unmarried but get married; or live together as husband and wife with someone you know clearly is married and married; In the following cases, you will be subject to a warning and non-custodial reform for up to 1 year; or imprisonment from 03 months to 01 year:
a) Causing the marital relationship of one or both parties to lead to divorce;
b) Has been administratively sanctioned for this behavior but continues to violate it.
Committing a crime in one of the following cases shall be punished with imprisonment from 6 months to 3 years:
a) Causing the spouse or child of either party to commit suicide;
b) There has been a Court decision to annul the marriage or force the termination of cohabitation; like husband and wife, contrary to monogamy, but still maintain that relationship.”
In short, during the separation period, the husband is still not allowed to know other people. In case the husband wants to move on to another relationship, he needs to negotiate and discuss with the wife to proceed with divorce procedures according to the provisions of law.
