Assess a commitment letter signed after infidelity in Vietnam: distinguish moral promises from enforceable property arrangements and child-related terms.
What is Infidelity? Is it Defined under Vietnamese Law?
Currently, the Law on Marriage and Family 2014 does not provide an explicit definition of “infidelity.” However, the term can be interpreted through relevant legal provisions and judicial practice. Under Vietnamese law, infidelity is considered the act of a married person who cohabits as husband and wife with someone other than their lawful spouse. This is a violation of the monogamous marriage regime, prohibited under Point c, Clause 2, Article 5 of the Law on Marriage and Family 2014: “A person who is married but marries or cohabits as husband and wife with another person; or a person who is unmarried but marries or cohabits with someone who is already married.”
Commitment After Infidelity Legally Binding or Just a Moral Agreement?
Legal Sanctions for Infidelity
- Administrative fines from VND 3,000,000 to VND 5,000,000 as per Article 59, Decree 82/2020/NĐ-CP.
- In serious cases, the act may constitute a criminal offense under Article 182 of the 2015 Penal Code (Violation of the monogamy regime), with penalties of up to 3 years of imprisonment.
In summary, infidelity in Vietnam can lead to either administrative penalties or criminal prosecution, depending on its severity and consequences.
Post-Infidelity Commitment Letters: Are They Legally Valid?
It is common for a betrayed spouse typically the wife to request that the offending spouse sign a commitment not to reoffend, especially when children or efforts to reconcile are involved.
These commitments may include terms such as: Losing custody of the children if infidelity happens again; Forfeiting property rights in favor of the faithful spouse; Being barred from returning to the shared marital home.
However, such written agreements do not automatically have binding legal force. Let is examine this more closely:
Commitment Regarding Child Custody
According to Article 81 of the Law on Marriage and Family, the right to custody after divorce must be based on the best interests of the child.
Thus, a clause stating that “the husband shall lose custody rights if he commits infidelity again” is not automatically enforceable in court.
The court will consider several objective factors at the time of trial, such as: Each parent financial capacity; Living conditions; Emotional attachment and the child own wishes (if old enough).
Conclusion, this type of commitment may serve as evidence, but it does not have absolute binding effect on the court’s decision.
Commitment Regarding Property Division
Under Article 59 of the Law on Marriage and Family, marital property is divided: Primarily based on mutual agreement between the spouses; If no agreement is reached, then the court shall divide fairly, considering the partie contributions and any fault in the marriage.
Therefore, a clause stating “the husband forfeits 50% or more of joint property upon reoffending” is merely a civil agreement and If the content violates laws, public morals, or is unreasonably unfair, the court may refuse to enforce it. Conclusion, such a commitment is only legally valid if it complies with civil laws and principles of fairness.
Is a Notarized Commitment Legally Binding in Court?
Having the commitment letter notarized significantly enhances its evidentiary value.
However, the court still has the authority to review the content, especially when it concerns children rights or gross inequality. If the document is a legally valid civil transaction (such as a gift, asset agreement, or declaration of rights), it may be accepted by the court.
Conclusion, notarization strengthens the document legal standing but does not guarantee enforcement, especially on sensitive matters like custody or asset division.
How legal support can help
- Advice on the right to request the Court to settle divorce;
- Advising on conciliation procedures at the grassroots level;
- Advise on divorce proceedings;
- Advising on grounds for divorce;
- Advising on regulations on consent divorce and divorce at the request of one party;
- Advice on principles of the property division upon divorce and procedures for property division;
- Advice on divorce settlement procedures at the Court.
>>> Read more: Resolving Spousal Realations in Unilateral Divorce
>>> Read more: Can a Pregnant Wife Get a Divorce in Vietnam?
Discuss your next steps
For advice on the issues discussed in this guide, ask Jurion & Partners to review your circumstances and explain the appropriate legal options before you take the next step.
