1. What is a Marriage Nullity Lawsuit?
A marriage nullity lawsuit in South Korea is a legal procedure to terminate a marriage relationship based on Article 815 of the Civil Act.
Marriage nullity can only be established through a marriage nullity lawsuit. Once the court's decision becomes final, the legal marriage relationship is deemed to have never existed from the beginning.
2. Differences between Marriage Nullity, Marriage Annulment, and Divorce
There are three main ways to terminate a legally registered marriage in South Korea:
① Divorce,
② Marriage Nullity, and
Unlike divorce and marriage annulment, which dissolve the marriage relationship from the point of judgment forward, a marriage nullity ruling determines that the parties were never legally married (the general marriage certificate[일반혼인관계증명서] will not show any record of the marriage or its nullification).
Additionally, marriage nullity lawsuits, unlike general divorce proceedings, are decided without mediation (agreement between parties during litigation).
3. Burden of Proof in Marriage Nullity Lawsuits
The grounds for marriage nullity are strictly defined in Article 815 of the Civil Act. The party seeking nullity bears the burden of proving these grounds, necessitating preparation with expert legal counsel from the outset.
4. Who Can File a Marriage Nullity Lawsuit?
According to Article 23 of the Family Litigation Act, a marriage nullity lawsuit can be filed by the parties involved, their legal representatives, or relatives within four degrees of kinship.
Article 24 of the same Act stipulates that if a third party files a marriage nullity lawsuit, both spouses must be named as defendants. If one spouse is deceased, the surviving spouse is named as the defendant.
5. Time Limit for Filing a Marriage Nullity Lawsuit
Unlike marriage annulment lawsuits, there is no time limit for filing a marriage nullity lawsuit.
For reference, in South Korea, marriage annulment lawsuits must be filed ① within 6 months of discovering the fact in cases of malicious or serious grounds, or ② within 3 months of being freed from fraud or duress in cases of marriage by fraud or coercion.
6. Grounds for Marriage Nullity Lawsuits
Marriage nullity lawsuits are primarily based on two grounds: ① lack of mutual consent to marry, or ② prohibited degrees of kinship between the parties.
While cases involving prohibited degrees of kinship are usually straightforward, most contentious cases involve the "lack of mutual consent" ground.
① Lack of Mutual Consent to Marry
The Supreme Court of Korea has defined this ground in its decision 2004도4426 (September 24, 2004):
"Lack of mutual consent to marry" under Article 815(1) of the Civil Act refers to cases where the parties do not intend to form a mental and physical union recognized socially as a marital relationship. Even if a marriage is registered, if it was merely a means to achieve another purpose without the true intent to establish a genuine marital relationship, such a marriage is null and void.
Marriage Nullity Cases in Korean Courts
② Marriage in Violation of Article 809(1) of the Civil Act
This article prohibits marriage between blood relatives within eight degrees of kinship.
③ Direct Affinal Relationship between the Parties
This includes relationships such as:
a. Spouse of a direct blood relative
b. Direct blood relative of a spouse
c. Spouse of a direct blood relative of a spouse
④ Former Adoptive Parent-Child Relationship between the Parties
7. Effects of Marriage Nullity
A marriage nullity judgment renders the marriage legally non-existent from its inception.
Any children from the marriage become children born out of wedlock under Article 855(1) of the Civil Act. In such cases, parents can agree on custody, or the court can decide if they cannot reach an agreement.
Furthermore, the party not at fault may claim compensation for financial and emotional damages from the at-fault party.
8. Which Family Law Attorney Should You Consult With in Korea?
The attorney that other lawyers trust to handle their own divorce cases.
The attorney that opposing lawyers refer their own families to.
This is what Law Office Haeon is.
1) The Lawyers' Family Law attorney – Haeon
The fact that lawyers in Korea entrust their own or their family’s cases to Haeon is proof of our expertise. Even lawyers with no prior personal connection often come to us based on our established reputation within the legal community. We are the lawyers' family law attorney.
2) All Our Attorneys are Seasoned Professionals
Haeon's family law team consists entirely of senior attorneys who passed the bar exam between 2010-2012 and have years of experience practicing family law. This ensures our attorneys have the necessary expertise.
3) In-House CPA for Sophisticated Asset Valuation
Properly valuing a spouse's business interests is crucial in property division cases. However, only a handful of major law offices in Korea have in-house CPAs specializing in business valuation and forensic accounting - services that can cost millions or even tens of millions of won when retained separately.
Haeon Law Group is with in-house CPA who previously worked at SK, a top-3 conglomerate of Korea and KPMG Accounting Firm. Our CPA partner provides sophisticated valuation, fraud investigation and transaction advisory services at a reasonable cost to protect our clients' interests.
4) English Interpreter Ready
At Haeon, we have an in-house interpreter who previously served as an English interpreter for the ROK Army and U.S. Army, working alongside them on joint operations. Even if your Korean language skills are limited, making it difficult to fully explain your situation, our interpreter ensures you can communicate seamlessly during your consultation. We bridge the language gap so you can get the legal guidance you need.
In times of crisis, everyone claims to be the best. But the truly superior attorney proves it through results. Haeon has the sophisticated expertise to deliver what you need.
