Jae-guk Shim, a divorce lawyer in Busan, said, “Alimony and property division are possible even in common-law marriages.”

Recently, the number of common-law marriages living like real couples without registering their marriage is on the rise. A common-law marriage refers to a state of marriage in which a person is actually married, although the marriage cannot be legally recognized as a marriage because the marriage has not been registered.

Once a marriage relationship is recognized, whether a common-law marriage or a legal marriage, various rights are granted along with obligations such as cohabitation, support, cooperation, and chastity. So, what rights can be guaranteed if the relationship ends after continuing as a common-law marriage?

Jaeguk Shim, CEO of Daeryun Divorce Law Firm, said, "Just like a spouse in a legal marriage, a common-law spouse can file a claim for property division and alimony against the other spouse when the common-law marriage is dissolved. However, since kinship does not occur in a common-law marriage, inheritance rights do not arise even if the common-law spouse dies." He explained.

However, there are requirements for establishing a common-law marriage in order to divide property and claim alimony. There must be a mutual intention to marry, and both the man and the woman must register and live together in the same house, take care of each other's family events, introduce each other as spouses to people around them, etc., so they must not only have registered the marriage, but have actually built a relationship as a couple. However, unlike a legal marriage, a common-law divorce lawsuit must first prove whether the marriage is common-law.

Attorney Shim Jae-guk said, "Unlike a legal marriage divorce trial, the priority for a common-law marriage divorce lawsuit is to collect evidence that can prove the common-law relationship. This is because most cases deny the common-law marriage relationship and claim that it was a simple cohabitation relationship in order to avoid dividing property and paying alimony to the other party." He said, “The division of property in a common-law marriage depends on the common-law relationship and how contribution is proven, and the common-law marriage alimony depends on the common-law relationship and how the other party’s fault for the divorce is proven. If you proceed hastily, the lawsuit itself may be dismissed due to failure to prove the common-law relationship, so we recommend that you get help from a professional lawyer who has handled many divorce and domestic affairs lawsuits.” He advised.

Meanwhile, Daeryun Law Firm, of which attorney Shim Jae-guk is the representative attorney, is an active law firm that operates a divorce team in Busan divorce lawyers as well as in Seoul, Daegu, Incheon, Gwangju, Daejeon, Ulsan, Suwon, Changwon, Cheongju, Jeonju, Uijeongbu, Chuncheon, Jinju, and Jeju. Three lawyers handle cases together and handle a wide range of family litigation cases, including divorce lawsuits, property division lawsuits, and incestuous alimony lawsuits. Based on our experience, we provide customized legal services at reasonable prices. For more detailed information, search for ‘Daeryun Law Firm’ on Naver.



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