In Vietnam, many young couples currently rush into marriage without careful consideration or readiness, leading to a rising divorce rate. On the other hand, for various reasons, family members, relatives, or other individuals sometimes engage in acts of forcing a couple to divorce. Such conduct is illegal and may even lead to criminal liability.
Below, NPLaw provides an overview of the current legal framework governing forced divorces.
I. What is a forced divorce?
According to Clause 9, Article 3 of the Law on Marriage and Family 2014, a forced divorce refers to acts such as threatening, mentally coercing, abusing, mistreating, extorting property, or other acts to compel someone to divorce against their will.
Specific examples include:
- Cruel and bad treatment of another person that causes prolonged physical or mental suffering, such as: frequent beatings (which may not cause injury), confinement, forced fasting, forced cold, insults, humiliation, etc. with the aim of forcing divorce or preventing voluntary divorce.
- The threat to cause damage to the life, health, honor, property or interests of the threatened person, causing such a person to have actual fear causing its accept, such as threats to burn down the house, kill relatives, reveal the private secrets of the threatened person, parents or relatives, or commit suicide if a couple does not divorce, etc.
- Demanding property in an excessive and uncompromising manner and considering it as one of the conditions for divorce in order to prevent voluntary divorce between a couple.
II. Legal provisions on forced divorces
Definition: The forced divorce is explicitly defined in Clause 9, Article 3 of the 2014 Law on Marriage and Family, as follows:
- The forced divorce refers to acts such as threatening, mentally coercing, abusing, mistreating, extorting property, or other acts to compel someone to divorce against their will.
Additionally, Article 181 of the Penal Code 2015 (amended in 2017) regulates forced marriages, forced divorces, and obstruction of voluntary, progressive marriages or divorces:
- Anyone who forces another person to marry or divorce against their free will, or who obstructs a voluntary marriage or divorce by abuse, mistreatment, mental coercion, property extortion, or other means, and who has previously been administratively sanctioned for such conduct, may face:
+ A warning,
+ Up to three years of non-custodial reform (probation), or
+ Three (03) months to three (03) years of imprisonment.
For administrative sanctions, Point c, Clause 2, Article 59 of Decree 82/2020/NĐ-CP provides:
- A fine of 10,000,000 VND to 20,000,000 VND for acts of forced or deceitful divorce.
Accordingly, the forced divorce under the law is follows:
- Subjects: The couple seeking divorce; family members or relatives (parents, siblings, grandparents); or other related individuals. Generally, these are people aged 18 or older.
- Object: The right to maintain or terminate a marriage in accordance with one's free will.
- Objective aspect: Acts of threatening, coercing, abusing, mistreating, extorting property, or other means to force someone to divorce against their will.
- Subjective aspect: The act is committed intentionally.
III. How is forced divorce handled?
Depending on the nature and seriousness of the act, violators may face either administrative fines or criminal liability:
- Administrative fine:
+ Fine of 10,000,000 VND to 20,000,000 VND for forcing or deceiving someone into a divorce under Decree 82/2020/NĐ-CP. - Criminal liability:
- If the violator has already been administratively sanctioned for the same conduct but continues to offend, they may face:
+ A warning,
+ Up to three years of non-custodial reform (probation), or
+ Three months to three years of imprisonment, under Article 181 of the Penal Code.
IV. Questions on forced divorces
1. What if a mistress uses manipulation to force a man to divorce his wife?
If the mistress uses threats, coercion, abuse, or property demands to force the man to divorce against his will, it constitutes forced divorce. Depending on the severity, such a person may face:
- Administrative fine: 10,000,000 VND to 20,000,000 VND.
- Criminal liability: Possible warning, non-custodial reform up to three years, or three months to three years in prison under Article 181 of the Penal Code.
Additionally, the mistress may also be handled with violating the monogamous marriage regime under Article 182 of the Penal Code, which provides:
- Warning, non-custodial reform up to one year, or three months to one year in prison if:
+ Causing the marital relationship of one or both parties to lead to divorce;
+ Having been administratively sanctioned for such an act but still violating it. - Six months to three years of imprisonment in aggravated cases, such as causing a spouse or child to commit suicide or not executing a Court’s order to end the unlawful relationship.
2. Can in-laws parents force a divorce if the wife is infertile or has difficulty conceiving?
According to Clause 2, Article 5 of the Law on Marriage and Family 2014, forcing or deceiving someone into divorce is strictly prohibited.
Violators may face:
- Administrative fine: 10,000,000 VND to 20,000,000 VND.
- Criminal liability: Warning, non-custodial reform up to three years, or three months to three years in prison under Article 181 of the Penal Code.
This article aims to clarify the legal framework surrounding forced divorce and the potential penalties for such acts.
