Increasing number of couples do not register their marriage... Can claim alimony and property division in case of common-law divorce | Common-law marriage according to a divorce lawyer

Full text of media reports on common-law divorce

[Reporter Roishu Jin Ga-young] Recently, many young couples are living together without delaying or not registering their marriage at all. This means living without registering a legal marriage in order to avoid being overly tied to each other, and these couples are defined as common-law couples.

Common-law couples do not receive legal protection based on legal marriage, such as inheritance rights, because they have not registered their marriage as stipulated by law. However, if they prove that they were in a common-law marriage relationship and not simply cohabitation, they can file a lawsuit during the separation process.

Common-law couples can dissolve their relationship by agreement of the parties or by one party's expression of intent without the legal procedure of divorce. However, if the relationship is terminated due to obvious reasons such as infidelity, the other party can be held responsible for the dissolution of the marriage.

Therefore, even in a common-law marriage, if the marriage is dissolved due to the other party's infidelity, a lawsuit for alimony can be filed against the other party. Additionally, during the process of dissolving a common-law marriage, you can request property division from the other party, just like a legal marriage.

If a couple dissolving a common-law marriage has children, custody and parental rights can be determined through agreement between the parties or through court designation, and the custodian can also request child support.

However, in all of these matters, you must be able to prove that you and the other person were in a ‘common-law relationship’ rather than simply living together. In order for a common-law divorce to be recognized, the reality of the marriage must exist to the extent that the common life of the couple can be recognized according to social norms.

For example, documents proving that two people have been living together at the same address for a long period of time and documents proving that they have formed an economic community are required.

Attorney Jeong Sang-eui of Daeryun Law Firm advised, “As common-law marriages require objective proof of common-law marriage even if the spouse’s fault, such as an affair, is clear, it is necessary to systematically collect evidence with the legal help of a divorce lawyer to prepare for litigation.”

View full article - Increasing number of couples do not register their marriage... Can claim alimony and property division in case of common-law divorce

Is it possible to divorce without registering the marriage?

Divorce is impossible without registering the marriage. Divorce is the process of dissolving a legal marriage, but in the case of a common-law marriage, there is no legal relationship to dissolve because it is not a marital relationship under the law.

If you are not legally married, there is no need to go through divorce proceedings. You can end your relationship naturally through separation, etc., without going through procedures such as divorce.

Is it possible to claim property division in a common-law marriage?

Even in the case of a common-law divorce that dissolves the relationship without registering the marriage, a claim for property division is possible. If one party is responsible for leading to an irreparable relationship, the other party may claim alimony.

However, you must be able to prove a ‘de facto marriage relationship’ equivalent to a legal marriage relationship, not a simple cohabitation relationship.

If you have had a wedding, you can use wedding invitations or wedding photos as evidence to prove your marital relationship. Even if you have not had a wedding, you can support your marital relationship through interactions between the two families and testimony that acquaintances recognized them as a couple.

Are you considering filing a common-law divorce lawsuit?

Unlike a legal marriage, a common-law marriage must first prove the marital relationship. As faster preparation is needed,divorce lawyerPlease prepare to protect your legal rights by receiving legal assistance, including counseling.