Witnessed Wife's Affair After She Started Working... Now Facing Divorce Demands
Wife Requests "Asset Division"... Experts Say "Not Subject to Division"
A story has emerged of a man who, after marrying a Thai woman 25 years his junior through an international marriage, witnessed his wife's infidelity but was instead reported for domestic violence and is now being asked for a divorce.
On December 5, YTN Radio's "Attorney Inseop Cho's Counseling Center" featured the story of a man, referred to as Mr. A, who married a Thai woman 25 years younger than himself through a matchmaking agency and was raising twin sons with her.
Now facing the possibility of losing his family after five years of international marriage, he expressed his frustration, saying, "I'm afraid I will lose everything." Mr. A explained, "I grew up with a poor single father, worked part-time jobs to continue my studies, and eventually joined a major corporation to support my family. Overwhelmed by reality, I postponed dating and marriage, but at the age of 50, I wanted to start a family and chose international marriage."
His Thai wife was described as diligent and family-oriented, making efforts to adapt by obtaining Level 1 in the Korean language proficiency test. They have twin sons who are four years old.
However, after his wife started working, she began coming home late and would go out on weekends and holidays, saying she was meeting Thai friends. This led to frequent arguments between the couple. Mr. A said that, by chance, he discovered shocking messages on his wife's phone, stating, "She was exchanging affectionate nicknames and expressions of love with an unidentified Thai man. I found it hard to believe, so I followed her on the weekend. She told me she was meeting her female colleagues, but she was actually on a date with a Thai man."
That night, while confronting his wife, a verbal argument broke out, and in a fit of anger, Mr. A grabbed his wife's phone and threw it. In response, his wife reported him for domestic violence, leading to his eviction from the home and the imposition of a two-month restraining order and temporary measures.
Mr. A, who had been moving from one lodging to another, eventually received divorce papers. He lamented, "My wife claims that I used my age and financial power to control her, verbally abused her frequently, and recently committed domestic violence, which is why she is filing for divorce. On top of that, she is demanding 50% of the assets registered in my name." He added, "She was the one who was unfaithful, but I am the one losing everything. It's so unfair."
Attorney Ryu Hyunju of Law Firm Shinsaegye-ro, after hearing the story, explained that given the circumstances of the wife's infidelity, it is unlikely that her divorce petition will be granted.
Attorney Ryu stated, "Even displays of affection or dating can be recognized as infidelity. The Supreme Court generally rejects divorce petitions from the at-fault spouse." Regarding the domestic violence report filed by the wife, she added, "The police may have determined that the husband's act of throwing the wife's phone met the criteria for temporary measures. Violating these temporary measures can result in criminal penalties, so they must be strictly observed."
Regarding the asset division demanded by the wife, Attorney Ryu said, "Assets acquired before marriage, known as 'special property,' are generally not subject to division. Given the short duration of the marriage and the fact that the husband was the sole breadwinner, the wife's demand for 50% is excessive."
If the divorce becomes a reality, the wife's residency status could also become an issue. Attorney Ryu explained, "The F-6 visa, issued for marriage, is difficult to extend if the marriage breaks down. Especially if the foreign spouse's infidelity is clear, maintaining the visa may be impossible." She added, "The wife may strongly claim custody to maintain her residency, so the husband must thoroughly prove the infidelity and his contributions to child-rearing."
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