A Woman Who Hid Past Marriage and Childbirth
Husband Finds Out Late... "Can We Divorce?"
A wife deceived her husband by claiming that the child she gave birth to was her friend's child, and even revealed that she had been married before.
On the 14th, YTN's 'Attorney Jo In-seop's Counseling Center' reported the story of husband A, who discovered his wife's past. Husband A, who got married at the age of 45, said, "My wife was running a cafe alone and said she had been living alone for a long time," adding, "Since we met late and got married, my wife and I were spending happy times together."
A said, "One day, I overheard my wife talking on the phone saying, 'Mom, I'll be there soon.' I wondered what that meant, but I just let it go at the time." He explained the situation, "A few days later, while my wife was away, I received a call meant for her. A child was looking for their mom. When my wife came back late, she was flustered and snatched the phone away, then hurried into the room to take the call." He continued, "When she came out to the living room after the call, I asked what was going on, and she explained, 'It's a friend's child, but for convenience, they call me mom.' I was suspicious but tried to let it go, but it was difficult. My doubts grew stronger."
A said, "Eventually, I obtained the marriage certificate and family relation certificate. After that, I learned about my wife's past. She had been married before and had a child, which she had hidden from me." He added, "She never told me about her past. I was shocked because I felt betrayed by someone I trusted." He asked for advice, saying, "I cannot forgive her for deceiving me, so I want to annul the marriage or at least cancel it. The court said the case would be referred to mediation during the lawsuit, and I want to know more about the mediation process."
Attorney Seo Jeong-min, who heard the story, explained, "Annulment of marriage refers to cases where a valid marriage was not established due to defects in the requirements before the marriage was formed." He clarified, "Since there was an agreement to marry at the time and there was no blood relation or direct kinship between the wife and husband, this does not fall under the grounds for annulment under civil law." However, he judged that cancellation of marriage is possible. Attorney Seo advised, "Since the wife concealed the fact that she had a previous marriage and a child with her former spouse when marrying, this likely constitutes a case of expressing intent to marry by fraud, which is grounds for cancellation of marriage."
Regarding the mediation process, he said, "Marriage cancellation lawsuits are also required to go through mediation under the Family Litigation Act. Since marriage cancellation does not allow for voluntary disposition by the parties, in practice, mediation proceeds by either maintaining the marriage or canceling the marriage and instead proceeding with a consensual divorce. If the parties continue to dispute the cancellation of marriage, mediation will fail, and the lawsuit will proceed." He added, "To request cancellation of marriage, it must be filed within three months from the date the party became aware of the grounds for cancellation."
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