Can I obtain a common-law marriage relationship certificate?

Hello. This is a divorce specialist attorney at Daeryun Law Firm.

Common-law marriage refers to a state in which a marriage registration has not been made, but the parties live together socially as a married couple.

That is, common-law marriage refers to cases where, despite not going through legal marriage procedures (marriage registration), the parties are substantially leading a marital life.

There is no "common-law marriage relationship certificate" that can be officially issued directly from a community center or court.

That is, the document that can prove a common-law marriage relationship is not a document issued like a general civil affairs form, but only material that is acquired through methods such as litigation by being recognized in court that there was a common-law marriage.

Once this document is secured, it works very favorably in legal rights claims for inheritance, property division, and consolation money.

If the husband is alive, you can submit a notarized common-law marriage relationship certificate, but in a situation where the husband has died and you cannot submit this, but you wish to receive property division, you can prove that there was a common-law marriage relationship by submitting the following evidence to the court.

1. Joint residence and life evidence: Resident registration certified copy at the same address for 1 year or more, housing lease contract, joint bankbook, records of sharing living expenses, etc.

2. Social recognition evidence: Family photos, studio photos taken as a couple, written statements from friends, neighbors, and relatives

3. Joint living circumstances: When child birth registration was made together, when planning a wedding, or when there are wedding-related invitation cards or reservation evidence

To receive common-law marriage inheritance, you collect the above evidence and file a lawsuit for confirmation of the existence of common-law marriage.

If the court recognizes the common-law marriage relationship, the legal status to claim inheritance rights, etc. as a common-law marriage spouse is recognized.

If you want to receive help in proving the common-law marriage relationship and receiving property division, please request a consultation with our firm.