[Busan Divorce Litigation Attorney] Busan Divorce Litigation Attorney Prevails in a Lawsuit for Confirmation of the Non-Existence of a Marital Relationship

The client who entrusted the case to the Busan divorce litigation attorney married a man about 20 years ago and had one child. The man, whom only the client had known, began to turn violent at a certain point. When the man became angry, he would hurl verbal abuse, throw the pet, and assault the child.

As their relationship grew steadily worse, the man packed all of his belongings and moved out, leaving behind the client and the child.

After he moved out, the client and the child, who needed the help of the Busan divorce litigation attorney, barely made ends meet while living in a single basement room.

The man paid the client no child support whatsoever. There was no private agreement and no adjudication.

The man, however, entered into an affair with his mistress, A, had a child, and started a new family.

The man brazenly demanded a divorce by agreement, and the client, who requested assistance from the Busan divorce litigation attorney, wanted to end the unfortunate tie with that man as quickly as possible, so she went through a divorce by agreement without receiving a single penny of property division, consolation money, or child support.

Recently, however, the man applied to the pension service for a divided pension, and the client received notice from the pension service that half of her pension would be paid to the man.

The client, who sought out the Busan divorce litigation attorney, protested to the service, but she received a response that only a final and conclusive judgment from a civil lawsuit would prevent the other party from taking the client's share.

Feeling that this was unjust, the client requested assistance from the Busan divorce litigation attorney at Daeryun Law Firm.

A divided pension can be received each month, from the payment commencement age based on one's birth year, when all of the following requirements are met.

① The applicant has divorced the spouse
② The former spouse is a beneficiary of an old-age pension
③ The marriage period* during the former spouse's coverage period is 5 years or longer
④ The applicant claiming the divided pension has reached the payment age (61 to 65, depending on the birth year)

*The period excluding the period of non-existence of an actual marital relationship (see the table below)

When determining the requirements for a divided pension and the amount of the divided pension, the marriage period refers to the period of the legal marriage.

Where, however, there was a period during which an actual marital relationship did not exist for either party for reasons prescribed by the Enforcement Decree of the National Pension Act, such as separation or desertion, a report of the marriage period and the division ratio may be filed.

The reasons recognized as a period of non-existence of an actual marital relationship are ① the period of disappearance following a declaration of disappearance, ② the period of registration as a person of unknown residence, ③ a period agreed upon between the parties, and ④ a period determined by adjudication.

The client who came to the Busan divorce litigation attorney and the defendant registered their marriage, had a child, and began their married life, but the defendant revealed a violent disposition, so the client had to live in tension at every moment throughout the marriage.

In addition, because the defendant was unable to find a job and did not engage in any economic activity at all, the client continued working throughout the marriage and, as the de facto head of the household, carried out most of the duty to support the family.

In this way, the conflict intensified due to the defendant's verbal abuse, dehumanizing treatment such as physical and emotional abuse, and economic incapacity toward the client in the case handled by the Busan divorce litigation attorney, and the marriage reached a breakdown when the defendant unilaterally left the home and moved out, leaving the client and the child neglected. After that, the client lived on, raising the child alone.

After moving out and living alone, the defendant met a mistress, had a child out of wedlock, and started a new family.

The client, who worked with the Busan divorce litigation attorney, earned a certain level of income and barely made ends meet while raising the child, but her health rapidly deteriorated so that she could not work, and her debt rapidly increased. In order to file for bankruptcy and discharge, she tracked down the defendant after much searching and completed the report of divorce by agreement. Afterward, the client was designated as a basic livelihood security recipient and lives on basic livelihood security benefits.

Accordingly, no actual marital relationship has existed between the Busan divorce litigation attorney's client and the defendant from the moment the defendant moved out up to the present.