Daeryun Law Firm Assistance | Dissolution of a Common-Law Marriage and 20 Million Won in Consolation Money Granted

The client had held a wedding ceremony with the husband but was cohabiting without having registered the marriage.

The reason the marriage was not registered was the husband's affair.

One day, the client received a message from an unknown man.

The message was that the client's husband was having an affair with the man's girlfriend.

The client, shocked by this, felt betrayed by the husband but believed the husband's word that he would never see the other woman again and maintained the marriage.

The husband, however, continued to stay in contact with the other woman.

In the end, the client requested the assistance of Daeryun Law Firm in order to dissolve the common-law marriage and receive consolation money.

The attorney explained 🔗the dissolution of a common-law marriage.

The dissolution of a common-law marriage

refers to a common-law couple, who are not legally married, dissolving their marital relationship.

No legal procedure is required to dissolve a common-law marriage.

Consolation money may be claimed against the at-fault spouse who caused the breakdown of the common-law relationship.

※ Under case law, the legitimate grounds for breaking off a common-law marriage are

1. If the common-law spouse has committed an act of infidelity
2. If the common-law spouse has maliciously deserted the other party
3. If a person has been seriously and unfairly mistreated by the common-law spouse or that spouse's lineal ascendant

If the cause of the breakdown of the common-law marriage lies with a third party rather than the spouse, consolation money may also be claimed against that third party.

■ The issues in the case as identified by Daeryun Law Firm

*Because the strategy may differ depending on an individual's situation, if you wish to review the details, please obtain a 🔗legal consultation with an attorney.

The client and the client's husband held a wedding ceremony after dating for several years.

They planned to register the marriage after the wedding, but were unable to complete the registration because of the husband's continued affair.

The attorney established the common-law marriage, arguing that the client and the client's husband had maintained a shared married life as a couple.

After the wedding ceremony, the client learned of the husband's act of infidelity.

At first, the client forgave him.

When the husband continued his infidelity, however, the client resolved to dissolve the common-law marriage.

The attorney accordingly argued that the client's husband should compensate the client, at least monetarily, for the emotional shock.

The client who requested the assistance of Daeryun Law Firm succeeded in dissolving the common-law marriage and claiming consolation money.

The dissolution of a common-law marriage is possible without a legal divorce filing, but it requires somewhat more complex legal analysis than a divorce suit between a legally married couple.

As in the client's case, when a common-law marriage is dissolved, consolation money may be claimed against the party responsible for the breakdown of the marriage.

However, in determining a claim for consolation money, various circumstances are considered, including the circumstances of the breakdown of the marriage, the degree of fault, the duration of the marriage, age, occupation, and financial capacity.

If you retain an attorney from the early stage and proceed together, you can prepare for the dissolution of a common-law marriage and a claim for consolation money in a systematic manner.

Daeryun provides assistance throughout the entire process of dissolving a common-law marriage, including handling the dissolution agreement, securing materials to establish the relationship, reviewing the other spouse's act of infidelity and pursuing a lawsuit against the affair partner, and claiming consolation money and other damages.

If your situation is similar to the above, please reach out to a 🔗Daejeon Attorney.