CONTENTS
- 1. The Client's Situation
- - How the Client Came to the Incheon Law Firm
- - The Issues Identified by the Incheon Attorney
- 2. The Applicable Statutes Explained by the Incheon Law Firm
- 3. Assistance Provided by the Incheon Law Firm
- - The Incheon Law Firm's Argument 1 | Intent to Marry
- - The Incheon Law Firm's Argument 2 | No Control Was Exercised
- 4. The Result of the Incheon Law Firm's Assistance: "Winning the Case"
- - If You Need Assistance from the Incheon Law Firm
1. The Client's Situation
The client had been sued for marriage nullity by the younger sibling of a deceased spouse and urgently requested assistance from an Incheon attorney.
How the Client Came to the Incheon Law Firm
The account given by the client, who consulted with the Incheon attorney, is as follows.
The client had been in a common-law relationship with A for 15 years.
About a year earlier, however, A was diagnosed with terminal cancer and was hospitalized, and the client devotedly cared for A.
A then proposed to the client that they register their marriage, and the two registered the marriage with their mutual consent.
Less than a month after the marriage was registered, however, A passed away.
Afterward, A's younger sibling filed this action, claiming that the client had kept A under control and registered the marriage.
The Issues Identified by the Incheon Attorney
First, even though the client and A had registered the marriage by mutual agreement, A's younger sibling was claiming that the marriage registration was void.
The Incheon attorney therefore gathered relevant evidence, including a transcript of a recording and the marriage registration form, and devised a strategy to prove that the marriage was not void.
2. The Applicable Statutes Explained by the Incheon Law Firm
🔗A marriage nullity action is a lawsuit brought to obtain legal recognition that the marriage was void from the outset.
Unlike divorce or annulment of marriage, if a marriage is declared void, it is deemed never to have existed from the beginning.
A marriage nullity action may be filed at any time by a party, a legal representative, or a relative within the fourth degree of kinship.
1. If there is no agreement to marry between the parties
2. If the marriage violates the provisions of Article 809 (1)
3. If there is or was a direct affinity relationship between the parties
4. If there was a lineal blood relationship through adoptive parents between the parties
3. Assistance Provided by the Incheon Law Firm
After identifying the specific facts through consultation with the client, the Incheon attorney established the direction of the pleadings so as to obtain dismissal of the claim.
The attorney then assisted the client by making the following arguments.
The Incheon Law Firm's Argument 1 | Intent to Marry
The plaintiff argued that, because A lacked mental capacity due to poor health, A was not in a position to prevent the marriage registration.
The attorney emphasized, however, that the recording made at the time of the marriage registration showed that A clearly expressed his own intent and proposed to the client that they register the marriage.
The Incheon Law Firm's Argument 2 | No Control Was Exercised
The plaintiff argued that the client had kept A under control and blocked contact between the plaintiff and A.
The plaintiff, however, was unable to offer any proof as to how contact had been blocked or how control had been exercised.
The attorney also emphasized that the restrictions on hospital visits due to COVID-19 at the time had to be taken into account, and that this showed the client had not blocked contact.
4. The Result of the Incheon Law Firm's Assistance: "Winning the Case"
Accepting the Incheon law firm's arguments, the court issued a judgment stating, "The plaintiff's claim is dismissed. The costs of the litigation shall be borne by the plaintiff."
Satisfied with the outcome, the client visited the Incheon law firm and repeatedly expressed gratitude to the attorney.
If You Need Assistance from the Incheon Law Firm
The case above was one in which a client, sued for marriage nullity by the younger sibling of a deceased spouse, requested a consultation with an Incheon attorney.
At Daeryun Law Firm, attorneys experienced in numerous family law cases accurately analyze the situation the client faces and provide concrete assistance, systematically resolving problems that may arise during the course of litigation.
In addition, where evidence is insufficient, we work together with an evidence-investigation expert who holds an investigator qualification to lawfully gather evidence.
If you need help in a situation like the one above, we hope you will entrust your case to an Incheon attorney at any time.
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.
