CONTENTS
- 1. Marriage Annulment Litigation | Grounds
- - Grounds on Which a Marriage May Be Annulled
- 2. Marriage Annulment Litigation | How to File
- - Persons Entitled to Bring the Action
- - The Opposing Party in the Action
- - The Procedure of the Action
- - Evidence to Prove the Grounds
- - Filing Periods by Ground for Annulment of Marriage
- 3. Marriage Annulment Litigation | Reporting After the Judgment Becomes Final
- - Persons Obligated to Report and Deadlines
- - Place and Method of Reporting
- - Marriage Annulment Report Application
- 4. Marriage Annulment Litigation | Effect of Annulment
- - Marriage Annulment and the Denial of Retroactive Effect
- - Legal Status of the Child
- - Claims for Damages and Consolation Money
- 5. Marriage Annulment Lawsuit | Checklist
- - The Divorce Attorney's Support System
1. Marriage Annulment Litigation | Grounds
Marriage annulment litigation is a procedure that annuls a legal marriage on grounds that existed or arose before the marital relationship.
Unlike a marriage nullity action, retroactive effect (the effect of treating the marriage as never having existed up to a past point in time) is not recognized, and a child born during the marriage retains the legal status of a child born in wedlock.
Grounds on Which a Marriage May Be Annulled
If any one of the following applies, a petition for annulment of marriage may be filed with the court (Civil Act, Article 816).
▷ If a minor or a person under adult guardianship married without the consent of a parent or guardian (Civil Act, Article 808)
▷ If a person married a blood relative within the sixth degree, a blood relative of the spouse within the sixth degree, or a relative by marriage who is the spouse of a blood relative of the spouse within the fourth degree (Civil Act, Article 809(2))
▷ A marriage between adoptive lineal blood relatives within the sixth degree and adoptive relatives by marriage within the fourth degree (Civil Act, Article 809(3))
▷ Bigamy (where a person married while already having a spouse) (Civil Act, Article 810)
▷ Where, at the time of the marriage, there was a serious malignant condition or other grave ground that made it impossible to continue married life, and the other party was unaware of it
▷ If the declaration of intention to marry was made by fraud or duress
※ However, the right to petition is restricted if the party becomes pregnant during the marriage or after a certain period has elapsed.
2. Marriage Annulment Litigation | How to File
Marriage annulment litigation is a procedure in which, when legal requirements are not met or a serious defect arises after a marriage has been formed, the effect of the marriage is extinguished prospectively through a determination by the court.
Under the relevant provisions of the Civil Act and the Family Litigation Act, only a person who meets the requirements may bring the action, and care is also required with respect to the procedure and the filing deadline.
Persons Entitled to Bring the Action
Marriage annulment litigation may be brought when the following persons qualify as petitioners as designated for each ground (Civil Act, Articles 817 to 818).
Ground for Annulment of Marriage | Person Entitled to Petition |
A party is under 18 years of age | The party or the statutory agent |
A minor or a person under adult guardianship married without consent | The party or the statutory agent |
A relationship by marriage in which the marriage is prohibited (including relatives by marriage within the sixth degree and adoptive relatives by marriage) | - The party - A lineal ascendant - A collateral blood relative within the fourth degree |
Bigamy | - The party - The spouse - A lineal ascendant - A collateral blood relative within the fourth degree - A prosecutor |
Malignant condition or other grave ground | The party |
Marriage by fraud or duress | The party |
The Opposing Party in the Action
The opposing party in marriage annulment litigation varies depending on who brings the action (Family Litigation Act, Article 24(1) to (3)).
Plaintiff | Defendant |
One of the spouses | The other spouse |
A third party (a lineal ascendant, collateral blood relative, etc.) | Both spouses |
If the defendant has died | A prosecutor |
The Procedure of the Action
Marriage annulment litigation proceeds through the following steps.
Determining whether a ground for annulment of marriage under the Civil Act (Article 816) applies
② Conducting mediation proceedings
Because the principle of prior mediation under the Family Litigation Act applies, marriage annulment litigation must go through mediation proceedings (Family Litigation Act, Article 2(1)1(b)(2) and Article 50(1)).
③ Filing the complaint
Filing the complaint with the family court having jurisdiction over the defendant's domicile or the place where the marriage was reported
④ Preparing supporting evidence
Submitting evidence that can prove the ground for annulment of marriage
⑤ Hearing and judgment
If mediation is not reached, the matter proceeds to formal trial proceedings, and the court determines whether to annul the marriage based on the evidence and the parties' arguments
Evidence to Prove the Grounds
To bring marriage annulment litigation, appropriate supporting evidence must be prepared according to each ground.
The following are examples of supporting evidence for the main grounds for annulment of marriage.
Ground for Annulment of Marriage | Examples of Required Supporting Evidence |
A minor's marriage without parental consent | - Family relationship register - An identification document or resident registration certificate stating the age at the time of marriage - Evidence of the absence of the statutory agent's consent form, etc. |
A person under adult guardianship marrying without consent | - The ruling commencing guardianship - A certificate confirming whether the guardian gave consent - A certified copy of guardianship registration, etc. |
Incestuous marriage or marriage between relatives by marriage | - Family relationship register (to confirm the relationship between the parties to the marriage) - Certified copy of the removed family register - Certificate of marriage relationship, etc. |
Bigamy | - A certificate of marriage relationship proving that the existing marriage with the other party is valid - Family relationship register - Evidence showing that the divorce has not been established, etc. |
Marriage by fraud | - Evidence that the marriage was induced by stating false facts (KakaoTalk and text message records, recordings, SNS screenshots) - Written statements from acquaintances - Related criminal complaint, etc. |
Marriage by duress | - Recordings, text and messenger records containing verbal abuse or assault - Written statements - Police report records - Psychiatric treatment records, etc. |
Malignant or grave ground | - The other party's certificate of criminal records - A diagnosis of mental illness - Treatment records relating to alcohol or drug addiction - Written statements from family members or acquaintances, etc. |
Filing Periods by Ground for Annulment of Marriage
The period during which annulment may be sought differs for each ground for annulment of marriage.
If the party becomes pregnant during the marriage or a certain time elapses, the right to petition may be restricted even where a ground for annulment applies, so the deadline for each ground must be confirmed.
Ground for Annulment of Marriage | Filing Deadline |
A minor or a person under adult guardianship married without consent | 3 months from the date of reaching 19 years of age or the date adult guardianship ends |
Incestuous marriage (including relatives by marriage) | No petition possible if pregnant during the marriage |
Bigamy | No restriction |
Malignant or other grave ground | Within 6 months from the day the ground became known |
Fraud or duress | Within 3 months from the day the fraud became known or the day the duress ceased |
3. Marriage Annulment Litigation | Reporting After the Judgment Becomes Final
Once a judgment of marriage annulment becomes final in marriage annulment litigation, the relevant content must be reported to the competent authority.
This is a required step for correcting the family relationship register and terminating the legal marital relationship.
Persons Obligated to Report and Deadlines
: The person who filed the action (the plaintiff)
∙ Reporting deadline
: Within one month from the date on which the judgment becomes final
∙ Sanction for delay
: If the report is not made within the period without justifiable grounds, an administrative fine of not more than 50,000 won is imposed (Act on Registration of Family Relations, Article 122)
Place and Method of Reporting
: The city (district), eup, or myeon office having jurisdiction over the party's registered domicile, address, or current location
∙ For nationals residing abroad
: Reporting is also possible at the family relations registration office for overseas nationals
Marriage Annulment Report Application
To report a marriage annulment, a marriage annulment report must be prepared containing the following information.
(where the party is a foreigner, that person's name, nationality, and alien registration number)
▶ The names, registered domiciles, and resident registration numbers of the party's parents and adoptive parents
▶ If a person with parental authority has been designated, the relevant content
(designated by agreement, or by the family court on its own authority or upon petition)
The following documents must be attached to the report.
Documents to Attach
∙ A certificate of finality
∙ The reporting person's identification document
∙ The family relationship register of the parties to the marriage (basic certificate, certificate of marriage relationship)
※ May be omitted where it can be verified by the family relations registration office
4. Marriage Annulment Litigation | Effect of Annulment
Marriage annulment litigation is a legal procedure that extinguishes the marriage prospectively, and the "retroactive effect" of treating the marriage itself as void retroactively to the past is not recognized.
Marriage Annulment and the Denial of Retroactive Effect
In other words, the legal relationships formed during the marriage, such as the formation of property, kinship, and inheritance rights, remain valid, and only the marriage itself is annulled, so that from that point forward the parties are no longer legally married.
Unlike a marriage nullity action, marriage annulment recognizes the formation of the marriage itself but extinguishes its effect prospectively on the ground that a legal defect or grave cause exists, so the legal effects arising during the marriage remain valid.
In addition, when the marriage is annulled, the relationship by marriage terminates (Civil Act, Article 775(1)).
Legal Status of the Child
A child born before the annulment of a marriage is deemed a child born in wedlock, and the child's legal status remains unchanged (Civil Act, Article 847).
This provision is intended to stabilize the child's status, and the annulment of a marriage does not render the child's birth unlawful.
* However, where a dispute arises over the parent-child relationship within the marriage, it must be contested through a separate action, such as a lawsuit to confirm the non-existence of a parent-child relationship.
Claims for Damages and Consolation Money
Even after a judgment of annulment becomes final, if the marriage was annulled due to the fault of one party, the other party may claim compensation for the resulting financial and emotional loss (Civil Act, Article 806, Paragraphs 1 and 2, and Article 825).
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5. Marriage Annulment Lawsuit | Checklist
A marriage annulment lawsuit cannot be established merely on the ground that a party 'no longer wishes to be married.'
The party must clearly prove that the matter falls within the grounds for annulment set out in the Civil Act, and it is important to prepare the following matters thoroughly in advance.
Item to Prepare | Check Point |
(1) Clarify the grounds for annulment | Confirm whether the ground falls under Article 816 of the Civil Act |
(2) Secure supporting evidence | Text messages, recordings, family relation documents, medical records, and the like |
(3) Review standing and the filing period | Confirm that you have standing to file and that the claim is within the time limit |
(4) Prepare for the mediation procedure | Mediation preparation may be required under the principle of mandatory prior mediation |
(5) Review child and property issues in parallel | Organize matters such as child custody, child support, division of property, and consolation money |
The Divorce Attorney's Support System
This law firm has many attorneys with an average of more than ten years of experience, and it forms a task force of one to twenty members to respond to a case according to its scale and difficulty.
In addition, through a dedicated consulting attorney system, the firm is structured to assess the nature of a case accurately from the initial stage and to connect the client with the most suitable attorney.
Even after a judgment is rendered, the firm operates a comprehensive response system that supports enforcement procedures and helps prevent subsequent disputes.
If you need assistance with a matter such as a marriage annulment lawsuit, please request a consultation with a divorce attorney.
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