Ruling that voids a marriage to a foreign spouse who registered it without genuine intent to marry

Who this helps

This may help people curious about how a court treated a claim that a marriage to a foreign spouse was made without any real intent to live as a couple.

Case overview

Court

Busan Family Court

Date of judgment

May 4, 2011 (Wed)

Topic

Marriage & Family

Original title (Korean)

외국인인 피고가 한국에 입국한 후 한달 동안 원고와 생활을 하였다 하더라도 부부관계가…

A Korean man registered a marriage with a Vietnamese woman. After entering Korea, she lived with him for a month. He filed a lawsuit asking the court to confirm that the marriage is void. The first-instance court did not accept his claim. He appealed.

Is a marriage void if the spouses lived together for a month but one never intended to live as a couple?

A Korean husband sued to confirm his marriage to a Vietnamese wife was void, but the first trial did not accept it. He appealed. The court found she registered the marriage without intent to build a true marital relationship, as a way to come to Korea and work. It saw the month of living together as only making it look like married life, and noted she left home the day after receiving a visa with an extended stay period. It therefore found no agreement to marry and confirmed the marriage void.

How the court ruled

The appeals court overturned the first-instance judgment. It found that the woman registered the marriage as a means to enter Korea and work, without intending to form a genuine marital relationship. It also found that living together for a month merely created a temporary appearance of married life. Because there was no agreement to marry, the court confirmed that the marriage is void.

What to check in a similar situation

Details on how a marriage invalidity lawsuit proceeds, and on visas with extended stay periods, can be checked with the courts and the immigration office.

• Marriage migrant (F-6) documents
• Divorce guide
• Changing your status of stay
• Contacts: Immigration Contact Center 1345

Terms explained

void marriage

A marriage with no legal effect from the start, because the two people had no real agreement to live as spouses.

agreement to marry

The shared intent of two people to form a genuine marital relationship. The court found it was missing here.

appeal

A request to a higher court to review the result of the first trial.

More rulings on this topic

• Stay extension denial unlawful: Korean spouse mainly caused marriage breakdown · Seoul Administrative Court
• Ruling that a refusal to issue a marriage immigration visa was not unlawful · Seoul Administrative Court
• Ruling Upholds Refusal to Issue a Marriage Migration Visa · Seoul Administrative Court

See all 15 rulings on Marriage & Family →

Frequently asked questions

Who filed the lawsuit?

The Korean husband sued to confirm that his marriage to the Vietnamese wife was void. He appealed after the first trial did not accept his claim.

How did the court rule?

The court cancelled the first ruling. It found she registered the marriage without intent to form a true marital relationship, as a way to come to Korea and work, and confirmed the marriage void.

Does this result apply as-is to similar cases?

No. This is the court's judgment on the circumstances of that case, and it does not apply as-is to other cases.