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Legal Intellectual

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Q

We lived in a de facto marriage without a marriage registration; how should I proceed with a de facto marriage lawsuit?

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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

A

Answer to Related Inquiry

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.

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