Q
Can a marriage be annulled as marriage fraud against a husband who hid huge debts?
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I work as a video editor, and I recently discovered an account uploading my edited videos to other platforms without permission. The videos have no name or copyright marking by me, and the original edited work was used as-is. In this case, can I file a copyright complaint, and what procedures and evidence are needed?
marriage fraud
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作者: 김국일
Hello, this is a divorce-specialized attorney.
Your situation falls under the serious cause that makes it difficult to continue marriage among the grounds for judicial divorce.
If your spouse intentionally hid huge debts that existed before marriage and married in this state, this can be considered an act that seriously infringes on the trust relationship that forms the basis of marriage.
The court comprehensively determines not just whether there are debts, but whether the size of the debt has a serious impact on married life, whether it was intentionally hidden, and whether the spouse would not have married if they had known.
If it is recognized that normal married life is difficult due to huge debts and the other party intentionally deceived, you can prove that the spouse is responsible for the marriage breakdown, and judicial divorce is highly likely to be granted.
For marriage annulment due to marriage fraud you mentioned, it must fall under the reasons specified in law.
This includes when the person was unable to understand or judge the meaning of marriage at the time of marriage, when marrying through serious fraud or coercion, when marrying through coercion, or when there were legal grounds prohibiting marriage such as incest or bigamy, but proving these is very difficult.
In particular, deception about asset status or occupation is unlikely to be recognized as grounds for marriage annulment.
Marriage annulment must be applied for within 3 months from the date of becoming aware of the fraud, and if the period has passed, it proceeds as a divorce lawsuit, so in your case, proceeding with a divorce lawsuit appears to be the available method.
The current situation can sufficiently be claimed as grounds for divorce, so we recommend securing specific evidence of the spouse's debt size and concealment circumstances, and receiving professional legal consultation.
The result may vary depending on the marriage circumstances, debt size, and how to prove that concealment was intentional.
To respond to marriage fraud, please collect as much evidence as possible and seek the help of a divorce-specialized attorney.
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