CONTENTS
- 1. Detailed Background of the Case as Reviewed by the Jeonju Divorce Attorney
- - The Story of the Client Who Came to the Jeonju Divorce Attorney
- - Relevant Statutes and Precedents as Explained by the Jeonju Divorce Attorney
- 2. The Strategy Devised by the Jeonju Divorce Attorney
- - Jeonju Divorce Attorney Emphasizes That the Two Did Not Actually Cohabit
- - Jeonju Divorce Attorney Points Out That the Woman Had an Improper Motive
- 3. As a Result of the Jeonju Divorce Attorney's Assistance, the Plaintiff Obtained a Favorable Judgment
- - Do You Wish to File a Marriage Nullity Suit?
1. Detailed Background of the Case as Reviewed by the Jeonju Divorce Attorney
The client whom the Jeonju divorce attorney met was a man in his thirties. After his father passed away, he discovered the fact of his father's marriage while organizing related documents. However, neither the client nor any of the family members knew the woman in question. The client therefore decided to file a marriage nullity suit.
The Story of the Client Who Came to the Jeonju Divorce Attorney
The client had been in serious conflict with his father since childhood.
As he became an adult, his contact with his father gradually ceased.
However, when his father received a terminal diagnosis due to a rare disease, the client gradually began to care for him again.
His father, who had continued his battle with illness, ultimately passed away.
Afterward, the client, who set about organizing documents related to his father, encountered a surprising situation.
He discovered that, several years earlier, his father had registered a marriage with a foreign woman.
However, the client had never heard anything from his father about this woman.
The client therefore concluded that the woman, without his father's consent, had registered the marriage through a broker as a means of obtaining employment in Korea, and he resolved to file a marriage nullity suit.
Relevant Statutes and Precedents as Explained by the Jeonju Divorce Attorney
1. Where there is no agreement to marry between the parties
2. Where the marriage violates the provisions of Article 809(1)
3. Where there is or has been a lineal relationship by affinity between the parties
4. Where there has been a lineal blood relationship of the adoptive parent's line between the parties
A party, a legal representative, or a relative within the fourth degree of kinship may file a suit for nullity of marriage or nullity of divorce at any time.
2. The Strategy Devised by the Jeonju Divorce Attorney
In accordance with the client's request, the Jeonju divorce attorney devised a strategy so that the marriage involving the client's father could be declared null and void.
Jeonju Divorce Attorney Emphasizes That the Two Did Not Actually Cohabit
On the marriage registration document, the two were clearly husband and wife.
However, upon investigation, the two had never lived together for even a single moment.
The client's father had struggled with a rare disease for several months, and even during that time the woman did not appear before the father.
In addition, it was difficult to find any record of the woman having filed a move-in report.
Above all, the client's father had never once traveled abroad before or after registering the marriage with this woman.
Given that there was no trace of actual cohabitation, no move-in report on the records, and not even any record of the client's father going abroad to meet the woman, it was appropriate to regard this marriage as null and void.
The Jeonju divorce attorney emphasized these circumstances and argued that the marriage was null and void.
Jeonju Divorce Attorney Points Out That the Woman Had an Improper Motive
As noted above, the woman who registered the marriage with the client's father had no contact whatsoever with the client.
The client's father had the woman's contact information, and it was confirmed that he had attempted to contact her several times during his lifetime but had been refused.
The woman also did not express any intention to the client's father of coming to Korea.
However, after hearing the news of the client's father's death, her attitude changed.
She began to demand money related to the inheritance through the person who had introduced the two.
On the basis of these points, the Jeonju divorce attorney argued that the marriage was null and void, stating that the woman appeared to have registered the marriage through a broker.
3. As a Result of the Jeonju Divorce Attorney's Assistance, the Plaintiff Obtained a Favorable Judgment
As a result of the Jeonju divorce attorney's assistance to the client, the court issued a decision confirming that the marriage between the two was null and void.
The court pointed out that, even though the woman had completed the marriage registration, she had not even applied to enter Korea or for a visa to do so, and that she had registered the marriage for another purpose without any intention to marry.
Do You Wish to File a Marriage Nullity Suit?
“Nullity of marriage” refers to causing the effect of a marriage to be lost retroactively.
If a marriage is determined to be null and void, the parties are deemed never to have been husband and wife from the outset, which makes it different from “divorce.”
In fact, the cases in which nullity of marriage is recognized are not very many.
Therefore, if you wish to have a marriage declared null and void, you must, with the assistance of a specialist, accurately demonstrate to the court that grounds for nullity of marriage exist.
Daeryun Law Firm, to which the Jeonju divorce attorney belongs, has attorneys with extensive relevant experience who actively assist clients.
If you are facing concerns about a marriage nullity suit, please visit Daeryun Law Firm, to which the Jeonju divorce attorney belongs.
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.
