"I Didn't Say It, But I Didn't Hide It"... The Husband's Choice in Response to His Divorced Wife's Excuse

'Acts of Silence' Also Constitute Fraud
Claims Must Be Filed Within 3 Months from the Date Fraud is Discovered

A husband sought advice after discovering his wife's prior divorce history while they were already married and preparing to apply for a low-interest loan for newlyweds.

On the 27th, on YTN Radio's 'Attorney Jo In-seop's Counseling Center,' husband Mr. A asked for advice regarding the cancellation of his marriage registration with his wife. Earlier, Mr. A traveled to Paris, France, right after graduating from university. However, contrary to his expectations, the trip did not go as planned, and during this time, a woman appeared like a savior and helped him with his travels. This event brought them closer, and the two traveled together.

Even after returning home, they kept in touch and naturally started dating, eventually promising to marry. However, they faced difficulties while searching for a newlywed home. Mrs. B, the wife, suggested, "How about pooling our individual savings and taking out a loan to buy a small apartment?" To obtain a low-interest loan for newlyweds, they decided to register their marriage first. Mr. A explained, "My wife registered our marriage. She took charge of preparing the newlywed home, and I was occupied with other matters."

However, Mr. A soon faced a shocking discovery. One day, he accidentally found the marriage certificate in his wife's studio apartment, which indicated that she had been divorced. Mr. A said, "When I confronted my wife, she said, 'I didn't hide it; I just didn't tell you.'" He added, "I felt betrayed by my wife and thought I could not spend my life with someone so dishonest. I want to cancel the marriage registration," seeking advice.

Attorney Lee Jun-heon of Shinsegye Law Firm explained, "If the wife concealed her divorce and married, it constitutes a breach of trust between spouses to an irreparable extent, which falls under Article 840, Clause 6 of the Civil Act as 'other serious reasons making it difficult to continue the marriage,' a ground for divorce. In this case, cancellation of the marriage can be considered instead of divorce." He further explained, "According to Article 816, Clause 3 of the Civil Act, 'If the intention to marry was expressed by fraud, a claim for marriage cancellation can be made.' Since a spouse's past marriage and divorce history are crucial factors in deciding to marry, deceiving about this and marrying under such deception allows for a claim to cancel the marriage."

Regarding Mrs. B's claim that "I didn't deceive; I just didn't say anything," Attorney Lee emphasized, "Article 816, Clause 23 of the Civil Act defines 'fraud' to include cases where one party or a third party passively fails to disclose or remains silent. Even if it was not an active deception but merely nondisclosure or silence, a claim for marriage cancellation can be made."

However, he cautioned, "A claim for marriage cancellation due to fraud must be made within three months from the date the fraud is discovered. If this period is exceeded, one can file for divorce based on 'other serious reasons making it difficult to continue the marriage' under Article 840, Clause 6 of the Civil Act, instead of a claim for marriage cancellation."