

Q
Marriage fraud, is a marriage cancellation lawsuit possible?
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I'm worried about being investigated by military police in the military. I'm wondering if I can receive legal consultation within the unit. I'm not sure if a legal officer can provide legal advice or if I need to consult an outside attorney. I'd like to know what support is available in this situation — please advise.
marriage fraud
marriage nullity lawsuit
marriage cancellation lawsuit
Answer to Related Inquiry
Author: 김국일
Similar to the inquirer's situation, there are not a few cases where someone decides to marry based on trust but ends up divorcing due to the other party's lies.
According to Article 816 of the Civil Act, if one of the spouses made the marriage declaration of intent due to fraud or duress, they can request a marriage cancellation lawsuit at court.
That is, if the spouse told lies different from the facts about employment, family circumstances, financial status, education, etc. and you got married without properly knowing these, you can file a marriage cancellation lawsuit.
However, to cancel the marriage, strict proof based on evidence is required.
It is not enough to simply show that the other party deceived you; you must present objective and specific evidence that can prove it was a fraud marriage.
Also, since cancellation must be requested within 3 months from the day you became aware of the fraud or escaped the duress, it is important to proceed with the marriage cancellation lawsuit as soon as possible.
Since you must accurately prove that you were deceived by the false facts the other party told, careful and thorough preparation is necessary.

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