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Can I annul the marriage on the ground of marriage fraud against my husband who hid a large debt?

My husband got married while hiding the fact that he had debt before the marriage. I found out belatedly while looking at my husband's phone, and although half a year has passed since I learned of it, even though I want to forgive him, I feel so wronged and my sense of betrayal will not go away. I would like to know whether, even belatedly, the marriage can be annulled on the ground of marriage fraud, and whether I can file for divorce.

marriage fraud

Answer to Related Inquiry

Author: 김국일

Hello, this is an attorney experienced in divorce cases.

Your situation falls under, among the grounds for judicial divorce, a serious cause that makes it difficult to continue the marriage.

If your spouse married while intentionally concealing that they had a large debt from before the marriage, this may constitute an act that seriously infringes the relationship of trust that forms the basis of the marriage.

Rather than merely whether debt exists, the court makes a comprehensive judgment on matters such as whether the scale of the debt has a serious impact on married life, whether it was intentionally concealed, and whether the spouse, had they known of it, would not have married.

If it is recognized that normal married life is difficult due to the large debt, and that the other party intentionally deceived you about it, you will be able to prove that the responsibility for the breakdown of the marriage lies with your spouse, and there is a high likelihood that a judicial divorce will be granted.

For the annulment of marriage due to the marriage fraud you mentioned to be granted, it must fall under a ground provided by law.

These include cases where, at the time of the marriage, the person was in a state without the capacity to understand or judge the meaning of marriage, cases of marriage induced by serious fraud or duress, cases of marriage by duress, and cases where there was a statutory ground prohibiting marriage, such as consanguineous marriage or bigamy, but proving these is very difficult.

In particular, deception regarding financial status or occupation is highly likely not to be recognized as a ground for annulment of marriage.

An annulment of marriage must be applied for within three months from the day you learned of the fraud, and since the period has passed, it proceeds as a divorce lawsuit, so in your case proceeding with a divorce lawsuit appears to be a viable method.

Since the current situation can sufficiently be asserted as a ground for divorce, you may wish to secure specific evidence regarding the scale of your spouse's debt and the circumstances of the concealment, and obtain professional legal consultation.

The outcome can vary depending on how you prove the circumstances of the marriage, the scale of the debt, and whether the concealment was done intentionally.

To respond to marriage fraud, you may wish to gather as much evidence as possible and obtain the help of an attorney experienced in divorce cases.