Anyang Attorney Case | Client Who Proceeded With the Case With the Assistance of the Anyang Attorney Succeeds in Defending Against a Division of Marital Property Claim

The Anyang attorney held a consultation with the client, who was proceeding with a division of marital property lawsuit.

The client had been married to the spouse for 30 years, and the two had frequent conflicts due to differences in personality.

In the meantime, the wife's long-standing affair came to light, and the two obtained a consensual divorce.

The wife claimed a 50-50 ratio for the division of property, stating that she had been faithful to the family during the marriage and had done her best to support the client.

The client, however, could not accept this at all and, on the contrary, argued that the wife's claim was not reasonable because it was the client who had been solely responsible for economic activity, and wished to defend against the lawsuit.

Feeling that clear evidence of each party's degree of contribution was needed, the client requested assistance from Daeryun's Anyang office in order to seek legal support.

Civil Act Article 806 (Rescission of Engagement and Right to Claim Damages)

(1) One of the parties who has obtained a consensual divorce may claim a division of property against the other party.

(2) Where no agreement is reached or no agreement can be reached on the division of property under paragraph (1), the Family Court shall, upon the request of a party, determine the amount and method of division, taking into account the amount of property acquired through the cooperation of both parties and other circumstances.

Method of Calculating the Division of Property

(positive assets - negative assets) x one spouse's degree of contribution to the formation of the property = final amount of the division of property

Divorce Division of Property Lawsuit CHECK LIST

1. Marital common property: property increased and maintained through the joint cooperation and contribution of the spouses during the marriage

2. Claim for division of separate property: property that one spouse owned before the marriage, or acquired during the marriage by inheritance, gift, or bequest, is not subject to division; however, as an exception, where one spouse has contributed to its increase or maintenance, a claim for division of the increased portion is possible

3. Future income such as retirement pay and pensions: retirement pay and pensions already received, and the amount of retirement benefits expected to be received as of the close of argument in the fact-finding trial

4. Debt: debt arising from the formation of common property, such as acquiring a home or purchasing household goods, incurred by agreement of the spouses, and debt relating to daily household affairs

5. Other: where one spouse has acquired the ability or qualifications to earn a high future income with the help of the other spouse

The decisive reason the client divorced the wife was the wife's affair.

The attorney emphasized that, although the client was greatly shocked by this, the client did not take legal measures such as a lawsuit or a claim for consolation money because the client did not want to cause suffering to the children, and instead concluded the matter through a consensual divorce.

The attorney argued that, although the claimant, that is, the wife, was claiming a division of property based on the current market value of the apartment, which was one of the assets, the price should be measured as of the time of the consensual divorce report between the client and the wife.

According to a Supreme Court ruling, in the division of property upon a judicial divorce, the property subject to division and its amount must be determined as of the date of the close of argument in the fact-finding trial of the divorce lawsuit. (Supreme Court, September 22, 2000, Case No. 99Meu906)

The client did his utmost economically for the living expenses of the children who went to study in the United States and of the wife who left with them to raise them, and sent most of the income he earned to them.

In contrast, the attorney argued that the wife had merely taken sole charge of housework and child-rearing and had little direct financial contribution to the property claimed.

If you are experiencing difficulties due to the division of property in a divorce lawsuit, it is reasonable to promptly arrange a consultation with an attorney specializing in this field.

If a legal dispute over a divorce lawsuit and division of property with the other spouse is anticipated, we recommend that you visit Daeryun's Anyang office and consult with an attorney specializing in this field.