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Deals & Cases

Consolation Money for the Breakup of a De Facto Marriage

Chuncheon Divorce Attorney | Common-Law Marriage, Securing 30 Million Won in Consolation Money From the Adulterous Partner

The client, who sought help because of the infidelity of a common-law spouse, requested a consultation with an attorney who has handled numerous divorce cases in the Chuncheon area.

CONTENTS
  • 1. The Client's Situation
  • 2. Chuncheon Divorce Attorney: Assistance in Claiming Consolation Money
    • - Chuncheon Divorce Attorney Establishes the Existence of the Common-Law Marriage
    • - Chuncheon Divorce Attorney Establishes the Infidelity of the Other Party and the Adulterous Partner
  • 3. Result of the Chuncheon Divorce Attorney's Assistance: 30 Million Won in Consolation Money Obtained

1. The Client's Situation

Chuncheon Divorce Attorney

The client was suffering because of a spouse's infidelity.

The client wanted a divorce attorney's office with a female attorney with whom she could speak comfortably.

The client chose the Daeryun Chuncheon office, which has a female attorney experienced in divorce and adultery matters.

Female Divorce Attorney Carefully Counsels the Client on Her Distressing Account

A female attorney conducted the consultation so that the client could speak comfortably about the 🔗lawsuit against the adulterous partner.

The client explained that her husband had recently begun taking business trips very frequently.

The client explained that she had not suspected her husband at all, but that she noticed the infidelity after discovering travel photographs with the adulterous partner in a shared photo album linked to a tablet they used together.

The greatest concern the client confided to the attorney was whether it was possible to claim consolation money for infidelity even in a common-law marriage without a marriage registration.

In response, the attorney explained that the duties of spouses also apply to common-law couples and proposed a consolation money lawsuit.

Divorce Attorney Explains Common-Law Marriage and the Procedure for Ending One

In Korea, which adopts the principle of legal marriage, a couple is recognized as a legally married couple only when both the substantive requirements and the formal requirements of marriage are satisfied.

However, satisfying the substantive requirements of marriage while maintaining a marital community life without meeting the formal requirement of marriage registration is referred to as a common-law marriage, and some of the rights and duties of spouses may be protected by law.

Because a common-law couple is not a legally married couple, they need not go through legal procedures such as the court's confirmation of divorce or a divorce report when they separate.

Accordingly, a common-law marriage may be dissolved by agreement of the parties or by notification from one party.

🔗See more case studies on the dissolution of common-law marriage (click)

Divorce Attorney: Consolation Money May Be Claimed Even in a Common-Law Marriage

Because the duties of spouses under the Civil Act, which correspond to those of a legal marriage, also apply in a common-law marriage, where a party fails to fulfill the duties of a spouse, that party's responsibility may be sought.

If the other spouse breaks off the common-law marriage without justifiable reason, consolation money and damages may be claimed for the mental and material loss suffered as a result.


Supreme Court precedent on consolation money in a common-law marriage, decided December 8, 1998, Case No. 98Meu961

If the parties have held a wedding ceremony and even gone on a honeymoon, the situation is not greatly different from the union of a man and woman who have reached a common-law marriage. Where, at such a stage, the relationship breaks down due to a cause attributable to one party, the other party may, just as in the case of the wrongful dissolution of a common-law marriage, seek compensation from the responsible party for the mental loss resulting from it.

2. Chuncheon Divorce Attorney: Assistance in Claiming Consolation Money

The Chuncheon divorce attorney pursued a consolation money claim lawsuit against the common-law spouse and the adulterous partner.

Chuncheon Divorce Attorney Establishes the Existence of the Common-Law Marriage

The Chuncheon divorce attorney first established that the client and the other party were a couple in a common-law marriage.

As evidence, the attorney submitted the wedding invitation, wedding photographs, and the like.

Chuncheon Divorce Attorney Establishes the Infidelity of the Other Party and the Adulterous Partner

The Chuncheon attorney established the infidelity committed by the other party, who was the spouse, and the adulterous partner.

The attorney submitted as evidence photographs saved in real time on an iPad used jointly by the client and the other party.

These photographs clearly captured the other party and the adulterous partner enjoying a trip together, displaying physical affection, and the like.

The attorney argued that the two had deceived the client and committed infidelity by enjoying a trip alone together.

3. Result of the Chuncheon Divorce Attorney's Assistance: 30 Million Won in Consolation Money Obtained

As a result of the Chuncheon divorce attorney's assistance, the client received a decision that the other party and the adulterous partner were to pay 30 million won in consolation money.

In addition, the division of marital property following the dissolution of the common-law marriage was also completed without difficulty.

The client said, "Because I had to consult about my spouse's infidelity, I wanted to entrust the case to a female attorney if possible. I chose Daeryun because there was a female attorney experienced in divorce within the city of Chuncheon."

An advantage of a female attorney experienced in divorce is the ability to provide more comfortable and sincere consultation, from one woman to another, to a client who is enduring great hurt and pain because of a husband's infidelity.

If you are seeking a 🔗attorney recommendation for a female attorney experienced in divorce within the city of Chuncheon in a situation like the one above, please come to the Daeryun Law Firm 🔗Chuncheon attorney office.

춘천이혼변호사 | 사실혼 관계, 상간녀에게 위자료 3천만원 받아

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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