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Is an action for annulment of marriage possible in a case of marriage fraud?

Having missed what people call the marriageable age, I went through a series of introductions and ended up marrying my current husband. I was drawn to him because he ran a business and had earnestly made himself successful at a young age. As it turned out, he was running a business that arranged prostitution. Is an action for annulment of marriage possible in a case of marriage fraud?

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action for annulment of marriage

Answer

Published: 2023-03-07

Author : Kuk Il KIM

Much like your situation, it is not uncommon for people to decide to marry based on trust but, because of the other party's lies, to end up divorcing.

Under Article 816 of the Civil Act, if one spouse made the declaration of intention to marry as a result of fraud or duress, that spouse may file an action for annulment of marriage with the court.

In other words, if a person marries without properly knowing the truth because the spouse told lies that differ from the facts, such as regarding their job, family circumstances, financial means, or education, an action for annulment of marriage may be filed.

However, annulling a marriage requires strict proof based on evidence.

The mere fact that the other party deceived you is not enough; you must present objective and specific evidence that can prove the marriage was fraudulent.

In addition, because the claim for annulment must be filed within 3 months from the day you learned of the fraud or were freed from the duress, it is important to proceed with the action for annulment of marriage as soon as possible.

To prove the false facts by which the other party deceived you, you must accurately establish that you were deceived, so careful and thorough preparation is necessary.