Legal Q&A
Q
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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?
wrongful dissolution of common-law marriage
dissolution of common-law marriage
common-law marriage consolation money
Answer
Published:
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.

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Kuk Il KIM
T. 070-5117-2950
Experience as Chief Prosecutor at the Seoul High Prosecutors' Office · Attorney Specializing in Criminal Law/Drugs/Intellectual Property
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