1. What is a Marriage Annulment Lawsuit?
A marriage annulment lawsuit is a legal procedure to terminate a marriage based on grounds specified in [Civil Act Article 816]. This process allows for the dissolution of a legal marriage relationship.
2. Differences Between Marriage Annulment and Other Methods of Dissolving Legal Marriages
There are three main ways to terminate a legal marriage in Korea: ① divorce, ② marriage nullity, and ③ marriage annulment.
① Difference between Marriage Annulment and Marriage Nullity
Marriage annulment dissolves the marriage relationship from the date of the court's decision, without retroactive effect. In contrast, marriage nullity treats the marriage as if it never existed legally.
② Difference between Marriage Annulment and Divorce
Marriage annulment is based on grounds that existed before the marriage, while divorce is based on reasons that arose after the marriage.
3. Grounds for Marriage Annulment [Civil Act Article 816]
Marriage annulment can be sought for the following reasons:
① Marriage before the legal age (18 years old)[Civil Act Article 807]
② Marriage of a minor or ward without parental or guardian consent[Civil Act Article 808]
③ Marriage between certain close relatives or in-laws[Civil Act Article 809]
④ Marriage between certain adoptive relatives[Civil Act Article 809]
⑤ Bigamy[Civil Act Article 810]
⑥ Undisclosed grave reasons making marital life impossible
⑦ Marriage based on fraud or duress
4. Who Can File for Marriage Annulment
The right to file for marriage annulment varies depending on the grounds:
① For minors married without parental consent: The parties or their legal representatives
② For consanguineous marriages: The parties, direct ascendants, or collateral relatives within four degrees
③ For bigamy: The parties, their spouses, direct ascendants, collateral relatives within four degrees, or public prosecutors
5. Expiration of the Right to Claim Marriage Annulment
① For undisclosed grave reasons: 6 months from the date of discovery
② For fraud or duress: 3 months from the date of cessation of fraud or duress
6. Law Office Haeon's Perspective on Marriage Annulment Lawsuits
Most contentious cases involve ① fraud or duress, and ② undisclosed grave reasons making marital life impossible. Other grounds like bigamy or lack of parental consent for minors are generally more straightforward to prove.
If grounds for marriage annulment or nullity exist, it is crucial to seek expert consultation and prepare thoroughly before initiating legal proceedings.
7. Registering a Marriage Annulment
① The annulment must be registered within one month of the court's final decision.
② Registration can be done at the local city (district), town, or village office with jurisdiction over the registrant.
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