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If a common-law marriage is broken off, can common-law marriage consolation money be claimed?

I lived with my boyfriend for a long time in a common-law relationship, to the extent that people around us regarded us as a married couple. We promised to marry each other and shared financial responsibility in our life together, but recently my boyfriend suddenly gave a unilateral notice of breakup and cut off all contact. If the common-law marriage is broken off, can I claim common-law marriage consolation money?

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common-law marriage consolation money

Answer

Published: 2023-05-23

Author : Kuk Il KIM

When a common-law marriage is unilaterally broken off without a justifiable reason, the responsible party has a duty to pay the other party common-law marriage consolation money for the emotional harm.

A common-law marriage is also legally recognized as a relationship equivalent to marriage, and the partners have a duty to cohabit, support each other, and cooperate as spouses.

If one partner in a common-law relationship ends the relationship without a justifiable reason or unilaterally excludes the other, it may be regarded as a wrongful dissolution of the common-law marriage.

If this causes emotional distress to the other party, liability for damages may arise.

The Supreme Court has also made its position clear on this, stating that "when a common-law spouse abandons the duties of a spouse without a justifiable reason and breaks off the common-law marriage, that spouse must compensate the other party for the resulting damage."

There are also precedents holding that when the cause of the breakdown of the common-law marriage lies with a third party, such as the spouse's parents, common-law marriage consolation money may also be claimed against that third party.

Ultimately, because a common-law marriage is also a legally protected relationship, if it is unilaterally broken off without a justifiable reason, the other party may claim common-law marriage consolation money.