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Deals & Cases

Annulment of marriage

Annulment of Marriage Lawsuit | Annulment of Marriage Lawsuit Due to Non-paternity and Partial Granting of Consolation Money

The client, who sought out the firm asking for help in filing a marriage annulment lawsuit, wished to annul the fact of his marriage to his wife.
The divorce attorney filed a complaint seeking annulment of the marriage.

CONTENTS
  • 1. Marriage Annulment Lawsuit | Case Details
  • 2. Marriage Annulment Lawsuit | Concept and Requirements for Filing
  • 3. Marriage Annulment Lawsuit | Assistance Provided by the Divorce Attorney
    • - Litigation Result
  • 4. Marriage Annulment Lawsuit | Difference Between Annulment and Nullity of Marriage
    • - Key Points of Legal Response

1. Marriage Annulment Lawsuit | Case Details

This is the account of a client who needed the assistance of a divorce attorney to file a marriage annulment lawsuit.

The client met a woman through an online game and continued a relationship with her, during which the other party informed him that she was pregnant and demanded marriage.

Believing that the child was his own biological child, the client decided to marry, completed the marriage registration, and began living together as a formally married couple.

However, not long after the marriage, the client discovered indications on his wife's mobile phone that she had maintained an inappropriate relationship with another man before the marriage.

Sensing that something was wrong, the client arranged a paternity test through a professional agency, and the result showed a mismatch indicating that the child was not his biological child.

Accordingly, the client concluded that his wife had intentionally induced the marriage by using the fact of her pregnancy, and he filed a marriage annulment lawsuit on the ground of a marriage induced by fraud under the Civil Act (Article 816, Subparagraph 3 of the Civil Act).

Marriage Annulment Lawsuit | Case Details

2. Marriage Annulment Lawsuit | Concept and Requirements for Filing

A marriage annulment lawsuit refers to a procedure that extinguishes, prospectively, the effect of a marriage that fails to meet the legal requirements or that contains a serious defect such as fraud or duress.

Article 816 of the Civil Act provides that a claim for annulment of marriage may be filed with the court in the following cases.

· Where a party has not reached 18 years of age

· Where a minor or a person under adult guardianship married without consent

· In the case of a marriage between close relatives or between relatives by affinity

· Where a person who already has a spouse marries again

· Where one spouse has a malignant or serious condition that makes it impossible to continue married life

· Where the declaration of intention to marry was made through fraud or duress

An annulment of marriage presupposes that there was a serious defect in the essential intention to marry at the time of the marriage, and in this case the fact that the wife induced the marriage by falsely representing her pregnancy was found to be the decisive fraudulent act.

A marriage annulment lawsuit must, in principle, go through the conciliation procedure of the family court, and if conciliation is not established, it proceeds to a formal lawsuit (Article 50 of the Family Litigation Act).

Once a judgment of annulment of marriage becomes final, the marriage is extinguished prospectively, but a child already born retains the legal status of a child born in wedlock.

3. Marriage Annulment Lawsuit | Assistance Provided by the Divorce Attorney

The client entrusted the case while in a state of severe psychological shock, and the attorney in charge designed a litigation strategy combining the claim for annulment of marriage with a claim for consolation money.

· Filing of the complaint for annulment of marriage and consolation money
The divorce attorney, on the basis of Article 816, Subparagraph 3 of the Civil Act, filed a claim seeking a judgment of annulment of marriage together with payment of 30 million won in consolation money, to the effect that “a marriage may be annulled where the intention to marry was formed through fraud.”

· Securing evidence of paternity mismatch and submitting it to the court
To prove that the child was not the biological child, the divorce attorney submitted a genetic appraisal report (test result certificate) as evidence and logically explained that the result was directly connected to the act of deception at the time of the marriage.

· Constructing the logic to prove a marriage induced by fraud
The divorce attorney emphasized that, although the wife had engaged in infidelity with multiple men around the estimated time of conception, she concealed that fact and deceived the client into entering the marriage.

This was assessed as an act of deception that induced a serious mistake regarding the marriage, and it was argued that it constituted the ground of a marriage induced by fraud under Article 816, Subparagraph 3 of the Civil Act.

· Submission of materials proving infidelity
Digital evidence, including the content of KakaoTalk conversations the wife exchanged with multiple men, message screenshots, and call records, was submitted together with the forensic analysis results, objectively proving the infidelity.

· Claim for compensation for mental suffering
The divorce attorney emphasized that the mental suffering the client experienced as a result of the wife's conduct was considerable and claimed 30 million won in consolation money.

Litigation Result

The court, taking into account the submitted evidence and statements, recognized that the wife had falsely represented her pregnancy and induced the marriage.

Accordingly, the court found that this marriage was a marriage induced by fraud falling under Article 816, Subparagraph 3 of the Civil Act, and pronounced a judgment granting the annulment of marriage.

In addition, the court partially recognized the client's mental harm caused by the wife's infidelity and false statements, and ordered payment of part of the consolation money.

In this way, the client was able to conclude the case by obtaining a judgment of annulment of marriage and a decision partially granting the consolation money.

4. Marriage Annulment Lawsuit | Difference Between Annulment and Nullity of Marriage

Marriage Annulment Lawsuit | Difference Between Annulment and Nullity of Marriage

Category

Nullity of marriage

Annulment of marriage

Meaning

A case where the legal requirements for the establishment of a marriage are not met at all

Extinguishing, by the court's judgment, a marriage that was once established but had a defect at the time of the marriage

Effect

The marriage is deemed never to have been established (retroactive effect)

The marriage is extinguished prospectively (no retroactive effect)

Status of children

Deemed a child born out of wedlock

Retains the status of a child born in wedlock

Examples

Marriage between close relatives, etc.

Marriage induced by fraud, marriage under duress, bigamous marriage, marriage of a minor without consent, etc.

Key Points of Legal Response

A marriage annulment lawsuit cannot be filed merely on the ground that one “regrets the marriage.”

It must fall under a statutory ground prescribed by the Civil Act, and objective evidence is needed to prove that such a ground existed.

· Proof of the existence of fraud or duress at the time of the marriage

· Confirmation of infidelity or false facts in the motive for the marriage

· Securing digital evidence such as a paternity test, text messages, and KakaoTalk records

· Review of whether a certain period has passed since the marriage

In particular, in the case of a marriage induced by fraud or duress, a claim for annulment becomes impossible once three months have passed from the day on which the fraud was discovered or the day on which the duress ended, so a prompt legal response is necessary.

Daeryun LLC responds systematically to marriage annulment lawsuits through the following specialized system.

· Divorce attorney: An attorney with extensive experience in marriage annulment and divorce litigation establishes the litigation strategy

· Evidence Investigation Center: Verification of the authenticity and legal validity of digital evidence such as KakaoTalk, text messages, and call records

· Digital Forensics Center: Restoration of deleted messages, images, and log data to prove the facts

· Civil litigation attorney: Support for parallel litigation relating to the calculation of consolation money, division of marital property, and parent-child relationships

In this way, Daeryun aims for a prompt and accurate resolution of marriage annulment lawsuits through a one-stop response system that combines law, evidence, and technology.

If the truth was distorted during the marriage process, please proceed with a 🔗legal consultation reservation to secure evidence and respond appropriately with the help of a professional.

혼인취소소송 | 친자불일치 사실로 인한 혼인취소소송 및 위자료 일부 인용

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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