"A Successful Businessman's Wife Proposes a Fake Divorce After Falling Into Debt"

Wife Who Ran Clothing Store Succeeds as a Successful CEO
Creditors Gather After Business Failure
Lawyer: "If There Is an Agreement, a Fake Divorce Is Also Valid"

A story has emerged about a couple considering a sham divorce due to debts accumulated from a failed business.

On the 3rd, YTN Radio's "Attorney Jo Inseop's Counseling Center" revealed the story of Mr. A, a husband contemplating a sham divorce with his wife. According to the story, Mr. A's wife, who ran a clothing store, also launched an online shopping mall and opened franchise stores in major commercial areas, demonstrating strong business acumen. She was a successful CEO who even gave interviews to the media as a prominent figure.

However, this success became a poison for the couple. Mr. A said, "My wife started decorating everything with luxury goods, and more people around her began flattering her, hoping to get some benefits." He added, "Then, when my wife's business recently failed, creditors flocked to the clothing store." He continued, "She opened several franchises and incurred a lot of debt, and it seems she even advertised while in that state. Although I was not involved, creditors grabbed me by the collar. With things turning out this way, my wife was the first to mention divorce."

Mr. A's wife suggested, "For the sake of the children, let's separate on paper, and I will give all remaining assets to you." In response, Mr. A said, "It seems my wife means a sham divorce. I have lost trust and affection for her and really want a divorce, but I hesitate because I feel like abandoning her due to debt in this difficult situation." He sought advice on whether a sham divorce requires an actual divorce, how his wife's debts would be handled, and whether he could raise the children since his wife, burdened by debt, might not be able to pay child support.

Attorney Kim Soyeon of Shinsegye Law Firm explained, "If there is an agreement between the parties, a sham divorce is recognized as a valid divorce. Joint liability exists for debts related to daily household matters, but debts incurred by a spouse in business are not considered daily household debts." She added, "If the wife recklessly spent on promotional expenses without Mr. A's knowledge, those debts would not be included in the property division settlement."

She further explained, "However, if the property is divided so that Mr. A receives everything, creditors may file lawsuits to cancel the property division. Having debts does not exempt the wife from the obligation to pay child support, but if her disposable income is very low, that may be taken into consideration."

Netizens who read the story responded with comments such as, "It's unfortunate that a large amount of money brought unhappiness to the couple," and "I hope they resolve this wisely for the sake of their children."