The Supreme Court docket has unanimously dominated that even when you have already been divorced you’ll be able to request the annulment of a wedding not agreed upon or celebrated in opposition to your will. The Supreme Court docket’s earlier precedent that already divorced {couples} haven’t any authorized curiosity in searching for an annulment of their marriage has modified for the primary time in 40 years.
Chief Justice Cho Hee-dae and 12 Supreme Court docket justices take part within the Supreme Court docket’s plenary physique. This ruling is the primary issued by Chief Justice Cho as presiding decide of the total court docket since he took workplace in December final yr.
Chief Justice Cho Hee-dae (heart), Kim Solar-soo (left) and Choose Lee Dong-won sit to ship the decision on the en banc case held on the Supreme Court docket in Seocho-gu, Seoul, in afternoon of the twenty third/Yonhap Information
On the twenty third, the en banc physique of the Supreme Court docket (Chief Justice Noh Tae-ak) annulled the unique choice unanimously rejecting the enchantment of Mrs. A’s marriage annulment petition in opposition to her ex-husband, and remanded the case on the Seoul Household Court docket. .
The Supreme Court docket acknowledged: “Quite a few authorized relationships have been shaped on the premise of a conjugal relationship, so searching for affirmation of 1’s incapacity could also be an efficient and acceptable technique of resolving all associated disputes without delay,” and added: “ Even after the conjugal relationship has already been dissolved by means of divorce.” “The curiosity in requesting affirmation of the nullity of the wedding is acknowledged,” he acknowledged.
The Supreme Court docket acknowledged: “An invalid marriage has no impact from the start, however in case of divorce, even when the conjugal relationship is dissolved, the authorized relationship which arose on the premise of marriage earlier than the divorce stays legitimate.” Not like divorce, if the wedding itself is invalid, the civil prohibition on marriage between family and the prison prohibition prohibiting the punishment of property crimes by shut family don’t apply. The “every day home debt” shouldn’t be relevant, which obliges the partner to be collectively chargeable for money owed associated to home tasks. For that reason, even within the occasion of divorce, there’s a sensible benefit in confirming the invalidity of the wedding.
The Supreme Court docket additional acknowledged: “With the intention to receive goal proof to use for correction of the register of household relations the place the historical past of the invalid marriage is incorrectly recorded, it’s essential to file a lawsuit to substantiate the invalidity of the wedding,” including: “In a case searching for affirmation of the invalidity of the wedding, affirmation is important.” “If the profit is denied, this may increasingly consequence within the public being unable to totally obtain the reduction, blocking the opportunity of asking the court docket for a ruling on whether or not there are grounds for annulment of the wedding,” he mentioned.
Mrs. A married her husband in 2001 and divorced in 2004. In 2019, 15 years after the divorce, Mr. A filed a lawsuit for annulment of the wedding, saying: “I registered the wedding and not using a actual settlement whereas I used to be in a state of maximum confusion, anxiousness and obsession the place I could not determine on my intentions.” marry.” Mr. A argues that if the wedding is annulled reasonably than divorced, he could also be acknowledged as a single mom household and obtain numerous assist advantages from the state or native authorities.
Nevertheless, the primary and second trials rejected Mr. A’s request in accordance with earlier Supreme Court docket precedent. Dismissal means the court docket concludes a case that does not meet the necessities for litigation with out listening to it. Beforehand, the Supreme Court docket had dominated in 1984 that “if the conjugal relationship has already been dissolved by submitting for divorce, there isn’t any authorized benefit in acquiring affirmation of the nullity of the wedding”, which adopted this ruling . On the time the Supreme Court docket dominated that “there isn’t any benefit in confirming (nullity of marriage) just because it’s dishonorable as a result of it’s entered within the household register as if the girl have been married after which divorced”.
A Supreme Court docket official mentioned: “This ruling acknowledges the good thing about confirming the invalidity of marriage as a way of instantly resolving international authorized disputes involving requests for affirmation of the invalidity of marriage after divorce,” including: “It permits for the correction of the register of household relations the place the historical past of invalid marriages is recorded incorrectly.” “It’s vital in that it has expanded the technique of implementing the rights of events in order that disputes regarding folks’s authorized lives may be virtually resolved,” he defined.
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