My wife refuses to have a child (refusal to give birth). Is this grounds for divorce?
Refusal to give birth (refusal of pregnancy) may have different conclusions depending on the specific case.
Our civil law stipulates the causes of divorce at trial.
Article 840 (Causes for Divorce in Trial) One party of a couple may file a request for divorce to the Family Court if any of the following reasons exist:
The court ruled that the ground for divorce prescribed in Article 840, Paragraph 6 of the Civil Act, ‘when there are serious reasons that make it difficult to continue the marriage,’
A joint living relationship commensurate with the essence of marriage, which should be based on affection and trust between spouses.
If the marriage is irretrievably broken down and it is for one spouse to be forced to continue the marriage.
This refers to cases where the pain is unbearable, and when judging this, it is necessary to determine whether there is an intention to continue the marriage;
Whether or not the parties are responsible for the cause of the breakdown, duration of marriage, presence or absence of children, age of the parties, security of living after divorce,
It is ruled that all other circumstances of the marital relationship must be taken into consideration.
If so, refusal to give birth (refusal of pregnancy) may be grounds for divorce under Article 840, Paragraph 6 of the Civil Code.
Problems related to pregnancy cause the marital relationship to become irretrievably broken and the continuation of the marriage difficult.
If coercion causes unbearable pain to one spouse, it may be grounds for divorce.
If a couple refuses to give birth (refuses pregnancy) after getting married without any agreement regarding pregnancy before marriage, it may be grounds for divorce.
Conversely, if the couple agreed before marriage not to get pregnant and got married, the request for pregnancy 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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