Common-Law Cohabitation | Case Obtaining Confirmation of the Existence of a Common-Law Marriage

The client states that, after divorcing her husband once, the two reaffirmed their feelings for each other and lived together in a common-law cohabiting relationship.

Then her husband passed away, and the client sought to receive her husband's national pension. However, she stated that because most of the substantive marital relationship between her and her husband was in a state of common-law cohabitation, there was a problem with receiving the pension.

The client stated that, in determining whether the National Pension Service would recognize the period of the common-law relationship as a marital relationship, a judgment from the court recognizing the relationship was needed.

Accordingly, the client came to this firm, asking for help so that she could be recognized as having been in a common-law cohabiting relationship with her husband.

A common-law (de facto) marriage refers to a state in which the parties have not filed a marriage report but are in a substantive marital life as a married couple.

The courts recognize a common-law marriage where, regardless of whether a marriage report has been filed, there is an agreement to marry between the parties and the substance of an actual marital life.

Cohabitation in a common-law marriage means living together with an intention to marry.

▶Criteria recognized as a common-law marriage

The court determines whether a common-law marriage exists by comprehensively considering the following requirements.

▶Legal effects of a common-law marriage

If a common-law marriage relationship is recognized, the following effects arise.

Under the Supreme Court precedent below, even where one party to a common-law marriage relationship has died, a claim for confirmation of the existence of the common-law marriage relationship may be filed against the prosecutor.

The specialist attorney argued as follows and proceeded with a lawsuit for confirmation of the existence of a de facto marital relationship in order to have the client's common-law cohabitation relationship recognized.

As a result of the specialized attorney providing assistance to have the client’s relationship confirmed, the court rendered a judgment confirming that a marital relationship had existed between the client and her husband.

Although the client had maintained a de facto marital relationship with her husband, she was at risk of not even being able to receive the national pension. With the specialized attorney’s assistance, she was able to protect her rights.

In the case of a de facto marital relationship, although there is no right of inheritance, division of marital property and consolation money may be obtained upon divorce, and a survivor’s pension may be received upon death.

To exercise such rights, a judgment recognizing that a de facto marriage cohabitation relationship existed is required from the court.

Because it can be difficult for an individual to assert a de facto marriage cohabitation relationship, you may proceed with a lawsuit to confirm the existence of a de facto marital relationship through a 🔗legal consultation reservation.

This firm accompanies clients not only through lawsuits to confirm a de facto marital relationship but also through all related legal procedures arising from it, such as dissolution of a de facto marriage and claims for division of marital property.