Can I get divorced if my spouse dies?

If it is certain that one of the parents has died, a death report may be filed.
Since the marriage is dissolved and the marital relationship is terminated, you cannot file for divorce.
However, if there is a reason for invalidity or cancellation of marriage,
You can file a lawsuit against the prosecutor.

1. Grounds for invalidity of marriage

When there is no agreement on marriage between the parties,

Ex) Marriage on the condition of not cohabiting (conditional and limited-term marriage, same-sex marriage, etc.)
Registering a marriage for any purpose (e.g. pretend marriage to acquire nationality)
There is no intention to marry the person listed in the marriage registration.
When there is no fact of cohabitation (false marriage report with incorrect entry in the original notarized certificate),
If a third party submits in the name of the party, mistake of identity, etc.

  1. When a marriage registration is accepted after the death of one or both parties

  2. If the mentally ill person lacks mental capacity at the time of marriage

  3. When one or both parties withdraw their intention to marry before acceptance of the marriage report

  4. If the marriage is registered in the family relationship register without registration

  5. Blood relatives within the 8th degree of kinship between the parties (including blood relatives of the adoptive child before adoption)

  6. When there is or was a direct relative relationship between the parties

  7. When there is a direct blood relationship of adoptive parents between the parties.

2. Reasons for cancellation of marriage

  • When, at the time of marriage, one of the parties did not know that there was a bad character or other serious reason that prevented them from continuing their married life.

  • When the intention to marry is expressed due to fraud or duress

This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary.
Please chat or email for specific details.

Are there any legal issues involved?

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