Husband Signs Pledge "I Won't Cheat" After Large Gift... Wife Says "I Can't Trust You"

Question on Whether Divorce Is Possible Later Due to Infidelity Even After Divorce Postponement

A wife who wants to divorce due to her husband's affair but hesitated because she lacks confidence in raising their child alone sought advice on whether she can file for divorce later on the grounds of infidelity.

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On the 20th, YTN Radio's 'Attorney Jo Inseop's Counseling Room' shared the story of Ms. A, who married into a wealthy family and had a child through in vitro fertilization after 10 years of marriage. Ms. A explained that she quit her job to devote herself entirely to raising the child, who was born into a family where children are precious. One day, she found a hotel receipt in her husband's clothes.

When Ms. A confronted her husband, he confessed, "I had an affair, please forgive me, I will never be unfaithful again." Afterwards, her husband notarized a written pledge promising not to have affairs again, transferred real estate under his name, and gifted cash to her. However, Ms. A still said, "I cannot trust my husband," and asked whether she could file for divorce later on the grounds of his affair and whether the transferred real estate would be subject to property division.

Attorney Jeong Doori, who heard the story, explained, "Article 840, Paragraph 1 of our Civil Act recognizes a spouse's unfaithful conduct as grounds for judicial divorce," but added, "The right to claim divorce based on a spouse's unfaithful conduct must be exercised within six months from the day the offended spouse forgives or becomes aware of it, and within two years from the day the cause occurred." She further noted, "If the husband's unfaithful conduct continues, the limitation period starts after the unfaithful conduct ends."

Attorney Jeong also explained, "Property division refers to dividing the property acquired through the mutual cooperation of both spouses during the marriage according to each party's contribution," and added, "Even if Mr. A's husband drafted and notarized a written pledge and agreement, our courts do not consider this as waiving property division before divorce, so the real estate in question is likely to be subject to property division."