Legal Q&A
Q
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I am not yet 18, but I registered a marriage with my boyfriend. However, not long afterward we broke up. I would like to make the marriage as if it never happened, even now, and I found that there is something called an annulment of marriage lawsuit. Can I do that too? Or can I only do it if my parents consent?
annulment of marriage lawsuit
minor's annulment of marriage lawsuit
Answer
Published:
Author : Kuk Il KIM
Even a minor under the age of 18 can file an annulment of marriage lawsuit directly if certain requirements are met.
Under the Civil Act, annulment of marriage is possible when there are certain grounds, such as a minor's marriage, incestuous marriage, bigamy, duress, or deception.
Even where a minor marries before reaching the marriageable age (18 years), annulment of the marriage can be legally claimed.
In this case, not only the minor party themselves but also their legal representative may file an annulment of marriage lawsuit.
In addition, where a statutory ground for annulment of marriage arises, the annulment of marriage lawsuit must be filed within 6 months from the date one becomes aware of that fact, and if this period is exceeded, the claim for annulment is not recognized.
After the annulment judgment becomes final, a report of annulment of marriage must be filed within 1 month with the competent city (district), eup, or myeon office.
This report can be made at the party's registered domicile, address, or current location, and it must be filed in person by the person who filed the annulment of marriage lawsuit.
Ultimately, even a person under 18 can, if certain grounds are recognized, file an annulment of marriage lawsuit with the consent of a legal representative or by themselves directly.

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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

Jong Hun HAN
T. 070-7510-2016
Public Interest Member of the Gyeongnam Regional Labor Relations Commission · Attorney Specializing in Labor/Industrial Accidents
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