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Can I obtain consolation money in a common-law marriage relationship?

I am in a common-law marriage with my husband, but because of certain circumstances, we had agreed to postpone registering the marriage for the time being. Recently, however, I witnessed with my own two eyes my husband having an affair. It was deeply shocking, and everyone around us knows that we are a married couple. In a situation like this, where we are in a common-law marriage without a registered marriage, can I still obtain consolation money from the adulterous partner? I am having a very difficult time. Please help me.

consolation money for a common-law marriage

Answer to Related Inquiry

Author: 김국일

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

You have stated that you are in a common-law marriage with your husband. A common-law marriage refers to a relationship that is not legally registered as a marriage but is recognized as a lawful marriage when the parties maintain a genuine marital relationship.

Even in the case of a common-law marriage, you may claim consolation money from the adulterous partner.

In a common-law marriage, you may file not only a lawsuit for consolation money against the adulterous partner but also a claim for division of marital property, though you cannot file a divorce lawsuit.

To claim consolation money in a common-law marriage, proving that a common-law marriage existed is the most important matter.

Because mere cohabitation alone is not sufficient to establish a common-law marriage, you must prove that there was an intention to marry between the parties and that the substance of a marriage existed, that is, matters such as whether both sets of parents were aware of each other's existence, so that a shared marital life can be recognized.

In addition, you must prove that the adulterous partner was aware of the common-law marriage between you and your husband, which should be asserted through matters such as the ordinary contents of conversations between the adulterous partner and your husband.

Our firm can file a lawsuit for consolation money in a common-law marriage, handle the dissolution of a common-law marriage, and file a lawsuit for consolation money arising from such dissolution, and through the cooperation of our evidence investigation center and digital forensics center, it can also carry out the collection of evidence favorable to you on your behalf.

If you are in a situation requiring legal assistance to claim consolation money in a common-law marriage, you may proceed to arrange a consultation.