[Contribution] Before marriage registration, how far is the right to common-law marriage? Legal status and protection

Among newlyweds who recently got married, there is a noticeable phenomenon of postponing marriage registration for a certain period of time. In the background, there are practical reasons such as housing subscription, real estate-related systems, and loan conditions.

If you start your life as a married couple without registering your marriage, but you do not register your marriage, it is legally considered a 'common-law marriage'. Common-law marriage refers to a state in which there is an intention to marry between the parties and the reality of the couple's joint life is objectively recognized, but the marriage has not been registered.

I often receive questions about whether I can receive legal protection even in a common-law marriage. To conclude, common-law marriages can also be protected by law. However, it is difficult to expect the same level of protection as legal marriage. For example, even if a common-law marriage is established, no changes occur in the family relationship register, and since no legal kinship relationship is established, inheritance rights are not recognized for common-law spouses.

A common-law marriage can be dissolved by the will of one party, but if the common-law marriage is unilaterally terminated without justifiable reasons, that party may be liable for damages to the other party. The 'legitimate cause' referred to here refers to a case where there is a significant violation of the obligations premised on marital life, such as cohabitation, support, cooperation, and chastity, and cheating is a representative example. In addition, the Supreme Court's established position is that in a common-law marriage, damages can be claimed from the other party who committed the misconduct, not the spouse.

Even when a common-law marriage is dissolved, a claim for property division is possible, just like a legal marriage. However, in order to exercise your right, you must first prove that you were in a common-law marriage relationship by meeting the subjective and objective requirements of a common-law marriage. In particular, the key to dividing property depends on how each person's contribution is evaluated, and the period of marriage is very important in calculating contribution. In the case of a wedding, it is easy to use that point as the standard, but in the case of a common-law marriage that only started cohabitation without a wedding, the timing of cohabitation, joint economic activities, and the perception of those around them must be comprehensively claimed and proven.

In short, common-law marriages are also subject to protection by law, but unlike legal marriages, there are clear institutional and substantive restrictions. To avoid falling into a blind spot of the law just because of a common-law marriage, it is advisable to check the legal stability appropriate for each individual's situation and reduce risks in advance.

[View full article]
[Contribution] How far is the right to common-law marriage before marriage registration... Legal status and protection (link)