Circumstances Indicating Continuous Contact with Multiple Men
A man who married his ideal type found himself troubled after discovering that his wife had enjoyed one-time encounters (so-called one-night stands) with other men just three months into their marriage.
Opening the 'Pandora's Box' of his ideal wife: "Can evidence of infidelity lead to annulment and claims for wedding expenses?"
On the 22nd, YTN Radio's 'Attorney Jo Inseop's Counseling Room' shared the story of a man, Mr. A, who met a family-oriented and innocent woman, Ms. B, through a matchmaking agency. From their first meeting, Mr. A felt Ms. B was close to his ideal type, and her appearance was flawless. During the marriage preparations, Ms. B requested a hotel wedding, an apartment in Seoul, and a honeymoon. Although these demands were difficult for Mr. A to bear, he took out loans and even received help from his father to hold the wedding, considering it a once-in-a-lifetime event.
However, just three months after the wedding, Mr. A accidentally found a dating app installed on his wife's phone. There, she was chatting with several men via Telegram, including conversations implying sexual relations. It was presumed that she had multiple one-time sexual encounters, which she referred to as 'one-night stands.' Even recently, she had been in contact with these men. Mr. A said, "We held the wedding ceremony, but we have not yet registered our marriage," and expressed his wish to nullify the marriage and recover the wedding preparation costs.
"Common-law marriage before registration ended quickly: 'Marriage invalid... likely to recover wedding expenses'"
Attorney Lee Myungin of Shinsegye Law Firm stated, "A common-law marriage is a relationship recognized as a marital cohabitation without marriage registration, and it can be dissolved by the unilateral intention of one party. If a common-law spouse commits infidelity, the other party can claim damages against the third party involved, and the rules on property division apply equally to common-law relationships."
He added, "In principle, events before marriage do not constitute grounds for divorce, but if they are very important facts that form the basis for deciding to marry or if one party intentionally deceived the other, they can be sufficient grounds for divorce. Depending on the severity, annulment of marriage can also be filed."
Furthermore, he explained, "Wedding expenses, gifts, and dowry costs are generally not subject to claims for damages upon divorce. However, if the marital life breaks down in a short period and it is difficult to recognize that the couple actually lived as married, it is considered equivalent to 'marriage invalidity,' so the costs incurred during the marriage process can be recovered. Whether the breakdown occurred in a short period is a key issue; the Supreme Court has recognized short-term breakdowns in cases where the marriage lasted one or two months, but not when it lasted over a year."
In summary, Attorney Lee viewed that a common-law marriage ends when one party expresses the intention to terminate it, and claims for damages and property division are possible even in common-law relationships. Particularly, if a spouse's past is intentionally concealed, it can be grounds for divorce, and if the other party causes a short-term breakdown of the marriage, it may be possible to recover wedding expenses.
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