Division of property in a common-law marriage assistance case | Successful claim for 100 million won in division of property in a common-law marriage

The Daeryun attorney specializing in divorce conducted a thorough process from the initial consultation for the client’s division of property in a common-law marriage.

The client married her husband in 1999 but maintained the marriage without filing a marriage report.

The client’s married life was not smooth.

Even without filing a marriage report, common-law spouses also have a duty to cooperate with and support each other; however, the relationship broke down due to the husband’s excessive jealousy, violent behavior, and the like.

The client made efforts to preserve the family, but she concluded that the marriage could no longer be maintained, and she came to proceed with the dissolution of the common-law marriage and a lawsuit for division of property in a common-law marriage.

A common-law marriage means continuing married life without satisfying the formal requirement of filing a marriage report.

A common-law marriage is also recognized as having all the general effects of marriage that presuppose a marital communal life, such as the duty of cohabitation, the duty of support, the duty of fidelity, and joint liability for everyday household debts.

For the division of property in a common-law marriage, it must first be established that the two persons are in a common-law marriage relationship.

■Statutes relevant to the division of property in a common-law marriage■

Civil Act Article 806 (Rescission of Engagement and Claim for Damages)

(1) Either party who has divorced by agreement may claim a division of property against the other party.

(2) If no agreement is reached on the division of property referred to in paragraph (1), or if agreement is impossible, the Family Court shall, upon the request of a party, determine the amount and method of division, taking into account the amount of property acquired through the cooperation of both parties and other circumstances.

For the client’s division of property in a common-law marriage, the Daeryun attorney specializing in divorce first searched for evidence establishing the common-law marriage relationship.

The Daeryun attorney specializing in divorce established the common-law marriage relationship between the client and her husband through the client’s wedding photographs, bank account records showing shared finances, and statements from acquaintances.

Daeryun argued that the client had made efforts to maintain the common-law marriage by improving the relationship with her husband.

The client made repeated efforts to improve the relationship, including attending various marriage counseling centers in order to address her husband’s jealousy and violent behavior.

Based on the client’s efforts described above, Daeryun argued that the cause of the breakdown of the common-law marriage lay with the husband.

As with divorce in a legal marriage, upon dissolution of a common-law marriage it is also possible to claim a division of retirement pay, pensions, and the like, and the division of property is carried out by distinguishing between separate property and marital property.

In other words, because the outcome depends on how this is proven, thorough preparation is necessary to achieve a satisfactory division of property.

Because this process is quite complex for an individual to prepare alone, it is advisable to obtain the assistance of an attorney who specializes in the relevant area.

At Daeryun, attorneys specializing in divorce with diverse experience provide litigation strategies tailored to each situation.

If you need division of property in a common-law marriage in a situation like the one above, please come to Daeryun.