What is a fraudulent marriage?
A party to a marriage or a third party deceives the other party or both parties to the marriage by illegal means.
When the other party or both parties to a mistaken marriage express their intention to marry
This refers to an established marriage, and a fraudulent marriage is grounds for annulment of marriage.
Article 816 (Reasons for Cancellation of Marriage) A marriage may be requested to be canceled by the court in any of the following cases:
3. When the intention to marry is expressed due to fraud or duress.
The court rules as follows regarding the requirements for annulment of marriage.
"In the case of establishing a marriage, exaggerating the facts in the hope of establishing the marriage
Because unfavorable facts are often concealed or false promises are made,
In order to annul a marriage on the grounds of fraud, it must be said that there must be fraud regarding the essential content of the marriage.
Usually, deception about property relations, economic ability, family history, occupation, etc. is about the essential content of marriage.
Therefore, even if the falsity was discovered after the marriage, it would be desirable for such a marriage to be dissolved through divorce.
Such deception is based on illegal means, such as active notification of false facts.
It is said that an ordinary person would not have entered into a marriage if there had not been a mistake caused by such deception.
In such cases, it will be said that annulment of marriage is permitted.”
Meanwhile, the cancellation of a marriage due to a fraudulent marriage can be canceled after 3 months from the date the fraud was discovered.
It is important to note that you cannot claim cancellation.
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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