In Korea, proving "lack of mutual consent to marry" under [Civil Act Article 815(1)] is the primary issue in marriage nullity lawsuits, unless the case involves consanguineous marriage. This process legally nullifies a marriage as if it never existed.
The Supreme Court and various regional family courts have ruled on marriage nullity cases, which can be broadly categorized as follows:
What is a Marriage Nullity Lawsuit?
1. Marriages Where Only One Party Intended to Marry
Examples include:
① Unilateral marriage registration after a divorce by agreement, seeking reconciliation
② Registering marriage with someone one has unrequited feelings for
Even if both parties jointly completed a marriage registration form, the marriage is void if either or both parties withdrew their consent before the registration was accepted.
However, if the couple was in a de facto marriage at the time of registration, the court may determine that mutual consent existed. In such cases, the party who filed for marriage unilaterally must prove the existence of a de facto marriage. Conversely, the other party or their heirs must prove that consent was clearly withdrawn or that an agreement was made to dissolve the de facto relationship around the time of registration.
2. Marriages Where One Party's Consent Cannot Be Verified
This includes cases where one party is in a coma or has severe brain damage, rendering them incapable of expressing consent to marry.
In these instances, direct descendants (children) or relatives within four degrees of kinship often file nullity lawsuits, believing they have suffered losses in pension rights or inheritance distribution due to the unilateral marriage registration.
[According to Family Litigation Act Article 23, parties to the marriage, their legal representatives, or relatives within four degrees of kinship can file a lawsuit for confirmation of marriage nullity.]
3. Marriages Registered Without Genuine Marital Intent
① Fraudulent international marriages
With the increase in multicultural families, nullity lawsuits involving international marriages have risen. Some cases involve foreign nationals using Korean citizens seeking international marriage for the sole purpose of obtaining Korean citizenship or employment.
② Marriages of convenience for financial gain
Unlike fraudulent international marriages, in these cases, the Korean party also lacks marital intent and cooperates for financial compensation. While the marriage itself is void, the Korean party may face criminal charges under [Criminal Act Article 228] for falsifying official documents (with a seven-year statute of limitations). The foreign party may face criminal penalties and deportation.
4. Marriages Resulting from Administrative Errors
Marriages registered due to administrative errors, such as when a party has notified the family relations registration officer of their withdrawal of consent but the registration is processed anyway, are also considered void.
5. 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.
