If a common-law marriage is terminated, can I claim consolation money for the common-law marriage?

浏览量36,374

Hello. My child recently got into a fight with a friend, and the other child's side reported my child for school violence. My child feels wronged because they fought equally, so we've also filed a school violence report on our end. Is there a specific standard for school violence punishment? I'd like to know the criteria for punishment.

common-law marriage termination

common-law marriage dissolution

common-law marriage consolation money

相关咨询的解答

作者: 김국일

If one party unilaterally terminates a common-law marriage without justifiable cause, they have a duty to pay common-law marriage consolation money to the other party for mental damages.

Common-law marriage is also legally recognized as a relationship equivalent to marriage, with mutual obligations to cohabit, support, and cooperate as spouses.

If one party in a common-law marriage relationship terminates the relationship or unilaterally excludes the other without justifiable reason, it may be regarded as unjust common-law marriage termination.

If this causes mental suffering to the other party, liability for damages may arise.

The Supreme Court has also clearly stated that "if a common-law marriage spouse abandons their spousal duties without justifiable cause and terminates the common-law marriage, they must compensate the other party for the resulting damages."

In addition, there are also precedents holding that if 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 can also be claimed against that third party.

Ultimately, even though it is a common-law marriage, since it is a legally protected relationship, if one party unilaterally terminates it without justifiable cause, the other party may claim common-law marriage consolation money.