법률사무소 해온

De facto marriage and cohabitation are often misunderstood concepts in Korea. While cohabitation is commonly used as an umbrella term that includes de facto marriage in everyday language, these terms carry distinct legal implications.

1. Legal Recognition of De Facto Marriage

In Korea, de facto marriage (사실혼) receives official recognition by the courts, offering legal protections similar to those of registered marriages, even without formal registration.

This legal status extends far beyond simple cohabitation, providing substantial rights and protections to the parties involved.

Many foreigners in de facto marriages with Korean nationals often suffer significant losses during relationship dissolution due to their lack of awareness of these legal distinctions.

2. Key De Facto Marriage Definition

A de facto marriage exists when two people live together with mutual intent to be married and maintain a substantive marital relationship, despite lacking official registration. This differs fundamentally from mere cohabitation, as it requires both parties and their social circle to recognize their relationship as matrimonial in nature.

3. Court-Recognized Criteria

The Korean Family Court has recognized de facto marriages based on the following evidence:

- Formal wedding ceremonies or traditional marriage rituals

- Extended cohabitation at the same address with public recognition as spouses

- Joint participation in family events as a couple

- Shared vacation travel as spouses

- Provision of intensive care during illness

- Having children together

- Maintaining joint financial arrangements

4. Important Considerations

The court evaluates de facto marriage claims comprehensively, considering multiple factors rather than any single criterion. For instance, while long-term cohabitation supports a de facto marriage claim, there are cases where even nine years of cohabitation failed to qualify.

Bigamous de facto marriages are not protected under law, except when the legal marriage is effectively terminated despite lacking formal divorce.

5. Legal Implications of De Facto Marriage

① Property Division Rights

Parties in recognized de facto marriages can claim property division based on their respective contributions during the relationship, similar to legal marriages.

※ De facto spouses cannot inherit upon their partner's death in Korea. Therefore, securing property rights through court proceedings during the relationship's dissolution is crucial.

② Compensation Claims

The termination of a de facto marriage may entitle the wronged party to claim alimony if the dissolution resulted from the other party's fault.

6. Which divorce attorney should you consult with in Korea?

The attorney that other lawyers trust to handle their own divorce cases. 

The attorney that opposing lawyers refer their own familys to.

This is what Law Office Haeon is.

1) The Lawyers' Family Law attorney – Haeon

The fact that lawyers in Korea entrust their own or their family’s cases to Haeon is proof of our expertise. Even lawyers with no prior personal connection often come to us based on our established reputation within the legal community. We are the lawyers' family law attorney.

2) All Our Attorneys are Seasoned Professionals

Haeon's family law team consists entirely of senior attorneys who passed the bar exam between 2010-2012 and have years of experience practicing family law. This ensures our attorneys have the necessary expertise.

3) In-House CPA for Sophisticated Asset Valuation 

Properly valuing a spouse's business interests is crucial in property division cases. However, only a handful of major law offices in Korea have in-house CPAs specializing in business valuation and forensic accounting - services that can cost millions or even tens of millions of won when retained separately.

Haeon Law Group is with a CPA who previously worked at a top-3 conglomerate of Korea and KPMG Accounting Firm. Our CPA partner provides sophisticated valuation, fraud investigation and transaction advisory services at a reasonable cost to protect our clients' interests.

4) English Interpreter Ready

At Haeon, we have an in-house interpreter who previously served as an English interpreter for the ROK Army and U.S. Army, working alongside them on joint operations. Even if your Korean language skills are limited, making it difficult to fully explain your situation, our interpreter ensures you can communicate seamlessly during your consultation. We bridge the language gap so you can get the legal guidance you need.

In times of crisis, everyone claims to be the best. But the truly superior attorney proves it through results. Haeon has the sophisticated expertise to deliver what you need.

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