Forces a person to have a child in the other person's family (forced childbirth). Is this grounds for divorce?
Is being forced to give birth grounds for divorce?
Not a direct reason for divorce However, if you are treated unfairly during the birth process,
If a marriage breaks down due to conflict, it is grounds for divorce.
The court also makes decisions based on specific reasons.
The fact that the other person's family forces you to give birth is not directly grounds for divorce.
However, in the process of forcing childbirth, you were treated unfairly by your spouse or your spouse's parents, or
If the marital conflict is amplified due to forced childbirth and the marital relationship is irreversibly broken down.
Each may fall under the grounds for divorce under Article 840, Paragraph 3 or 6 of the Civil Act.\
The court determines whether it is actually grounds for divorce depending on the specific facts of the case.
The precedent sets some guidelines as follows.
The Supreme Court ruled that the ground for divorce prescribed in Article 840, Paragraph 3 of the Civil Act is ‘when you have been treated extremely unfairly by your spouse.’
Assault or abuse to the extent that it is considered harsh for one party to the marriage to force the spouse to continue the marriage relationship.
Or, it was ruled that it refers to a case of receiving a serious insult (Supreme Court decision 99M180, November 26, 1999).
The grounds for divorce prescribed in Article 840, Paragraph 6 of the Civil Act are ‘when there are serious reasons that make it difficult to continue the marriage’
The marital relationship corresponding to the essence of marriage is irreparably broken,
It is ruled that forcing the continuation of the marriage would cause unbearable pain to one spouse.
Therefore, depending on the specific case, it may be grounds for divorce.
This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary.
Please chat or email for specific details.
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