Practice Areas
Our People
News & Resources
Book Consultation

Q
Views61,515
Since my wife and I never registered our marriage, I am curious whether divorce proceedings are legally possible. We held a small wedding with only family members; although it is called a wedding, it amounted to little more than everyone gathering for a meal. My wife is currently having an affair with a former schoolmate, and she seems to assume that I will not pursue a divorce or a de facto marriage lawsuit. In this situation, can I claim divorce, division of marital property, and consolation money?
de facto marriage divorce
de facto marriage consolation money
de facto marriage property division
Answer
Published:
Author : Kuk Il KIM
Because a de facto married couple is not a legally married couple, when they separate there is no need to go through legal procedures such as the court's confirmation of divorce or a divorce report.
A de facto marriage may be dissolved by agreement between the parties or by notice from one party.
In addition, where a de facto marriage is broken off due to a cause attributable to the de facto spouse or a third party, it is understood that consolation money for the mental suffering may be claimed.
As for the division of property as well, property accumulated through the couple's cooperation during the de facto marriage is presumed to be jointly owned by the two.
Therefore, when a de facto marriage is dissolved, a claim for division of property is possible, just as in the case of a legally married couple's divorce, in the sense of liquidating the marital property.
If you wish to pursue a de facto marriage lawsuit, such as one for consolation money or division of property, you must first prove that a de facto marital relationship was established, and on that basis file the de facto marriage lawsuit with the court.
Therefore, if a legal dispute arises in connection with the dissolution of a de facto marriage, it is advisable to obtain the assistance of a specialized attorney.
For details, we recommend that you explore an accurate legal response through a consultation with a specialized attorney.

Divorce 변호사
법률상담예약
모든 상담은 전문변호사가 사건 검토를 마친 뒤
전문적으로 진행하기에 예약제로 실시됩니다.
가급적 빠른 상담 예약을 권유드리며,
예약 시간 준수를 부탁드립니다.
만족스러운 상담을 위해 최선을 다하겠습니다.
전화
상담 1800-7905
365일 24시간
상담접수가능

카톡
상담
카카오톡채널
법무법인 대륜 변호사

온라인
상담
맞춤 법률서비스를
제공합니다.
주요 업무사례
더보기
All fields At a glance
1/0