[Chatting] My husband got married because he was pregnant.When I told him to break up, he said, "Get rid of the kids and leave

□ Broadcast date and time: December 24, 2024 (Tue)
□ Host: Attorney Jo In-seop
□ Starter: Attorney Lee Jun-heon

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information.

◆ Lawyer Cho In-seop (hereinafter referred to as Cho In-seop): Lawhouse for you. I'm with lawyer Lee Jun-hun.Hello.

◇ Lawyer Lee Jun-heon (hereinafter referred to as Lee Jun-heon): Hello, I'm lawyer Lee Jun-heon from Shinsegae Law Firm.

◆ Jo In-seop: Let's first talk about what kind of concerns you have if you come to the counseling center today.

■ DEAR READER: I got pregnant after seeing my boyfriend for about a year. My boyfriend proposed to me right away when I informed him of this. At the same time, he asked me to have a wedding before the ship came out, so I got married in a hurry. We first fought on our honeymoon. They started fighting over small things, but as they built their pride and didn't apologize to each other, the fight grew bigger and bigger. It was upsetting to have a fight on my honeymoon, but I was so disappointed in my husband when we fought. I didn't hit me or swear, but my ex-girlfriend lost.He didn't care about comparing me to his ex-girlfriend, such as saying that he accepted my anger. The bigger problem came after I returned from my honeymoon. Before looking for a newlywed house, we stayed together in my husband's private room and kept fighting over lifestyle differences. Whenever that happened, my husband talked about his ex-girlfriend and compared it to me. I couldn't hear it. If I had understood it so well, he said, "Why did you marry me when you married your ex-girlfriend?" Then my husband replied that it's because you're pregnant. I was so disappointed with what my husband said that we should break up. My husband agreed. At the same time, he didn't register his marriage, so he told me to leave the house and erase the child. I said I can never erase a child. Then, the husband said that he would not see a child born regardless of his or her, and that the law also said that he would not be able to provide child support. Is that really the case?

◆ Jo In-seop: Lawyer Jo In-seop's counseling center. This was the story of my wife, who got married because she was pregnant, but decided to divorce her soon after. Love and marriage are very different, so there are a lot of people fighting on their honeymoon. I've met a lot of lawyers, Lee Jun-heon.

◇ Yes, I think there are a lot of cases like this because I've lived in different environments until I became an adult. In this case, it would be good to admit that they are different and make concessions little by little, but it's very unfortunate.

◆ Cho In-seop: Yes, you have been fighting since your honeymoon, and I think you decided to break up because you were disappointed with your husband. In this case, how will the marriage be settled in your case?

◇ Lee Jun-heon: I think you are very disappointed to see your husband compare himself to his ex-girlfriend and say hurtful things casually. First of all, in the case of the sender, you said you haven't registered your marriage yet, so you're getting married. The common-law marriage ends when one of the couples expresses their intention to end the common-law marriage, so if you make this clear to your husband and leave the house, the common-law marriage will be settled without any procedures.

◆ Cho In-seop: Yes, so if you report a marriage, you have to go through legal procedures like this, whether it's a consensual divorce, a trial divorce, or a mediation divorce, but in the case of a common-law marriage, we just ended our common-law marriage. That's all I need to say. However, even if the common-law marriage is just settled, there are other procedures such as property division and alimony, right?

◇ Lee Jun-heon: Yes, even in the case of a common-law marriage, you can claim alimony if you have a reason to blame the other party, and if you have a marital joint property that needs to be liquidated, you can also claim property division. This story seems to have broken down the marriage in a fairly short period of time because the common-law relationship ended immediately after you got married and went on your honeymoon. If the marriage breaks down in such a short period of time, it is difficult to say that enough time has passed to form a marital joint property, so the property is organized by restoring each other's expenses or purchases in the marriage process to each other without dividing the property separately. The purchased items are not viewed as joint property of the couple, but as the property of the purchaser, so they are restored to their original state by returning them to each other. In addition, gifts and predictions exchanged on the condition of the establishment of the marriage will be returned to each other.

◆ [Jo In-seop] Yes, I see. Then, if the sender says she received a gift or a prediction, should I return all of these?

◇ Lee Jun-heon: If you have received any gift, you have to return it. However, there are exceptional cases where you may not return it. If the other party is a liability, the right to request the other party to return the wedding gift or wedding gift is not recognized. If the other party is responsible for the breakdown of the marriage in the lawsuit, you don't have to return it.

◆ Cho In-seop: Then if you say that you broke down because of the other person's verbal abuse or cheating and assault, it means that you don't have to return the gifts you received at that time. In the case of the story, I don't think the husband hit or cursed. But now I think I've said something hurtful. Even when I talked about divorce, I told my child to erase it. So with this, can my husband now be found guilty?

◇ Lee Jun-heon: In fact, I don't think it will be easy for the husband's fault to be recognized in this story. Of course, your husband said something disappointing to you. However, whether this level of speech causes the breakdown of the marriage may be a slightly different matter.

◆ [Jo In-seop] Yes, that's right.

◇ Lee Jun-heon: If I were to take this case, I would argue that my husband's comparison with your ex-girlfriend and telling her that you were pregnant and married is a significant reason why it would be difficult to continue the marriage. It is hard to be sure that it will be accepted by the court. In some of our precedents, there is a precedent that several assaults and insulting words that have come and gone during a family feud cannot be considered unfair treatment if they are minor. And if you have to prove that your husband said that, but you don't record what he says, it will be difficult to prove it.

◆ [Jo In-seop] Yes, I see. Then the sender is pregnant right now. What happens to the child?

◇ Lee Jun-heon: The child becomes the birth of the marriage because the couple did not register the marriage. In order for the child to be recognized as the biological child of the husband, the husband must go through the process of recognizing the child.

◆ Cho In-seop: So if my husband doesn't recognize the child as his biological child, is there anything I can do from your point of view?

◇ Lee Jun-heon: Yes, looking at this story, my husband tells me to erase the child and says he won't give child support even if I have a child, so it's hard to expect him to recognize the child arbitrarily.

◆ [Jo In-seop] Yes, that's right.

◇ Lee Jun-heon: In this case, we have no choice but to file a lawsuit against our husband and recognize it as a judgment. If you file a recognition claim, you will conduct a genetic test during the trial and be sentenced to a recognition judgment as a result.

◆ Cho In-seop: In your case, your husband insisted that you can't pay child support and told you that you don't have to pay child support if you have a child alone, so please tell me what happens.

◇ Lee Jun-heon: Regardless of the legal part, if your own biological child is right and your wife raises your child alone, it's natural to pay child support. I think he's trying to do his duty for granted. Legally, the husband's responsibility for child support is recognized. If your husband doesn't recognize your child, you can file a recognition claim quickly, get the father-son relationship between your husband and your child recognized, and then claim child support.

◆ Cho In-seop: Yes, so to summarize the contents of the consultation so far, in the case of you, if you announce your intention to end the common-law marriage to your husband and leave the house, the common-law marriage will be organized. In this case of a common-law marriage, it ends with a restoration procedure in which the purchased items are returned to each other. In the case of gifts or predictions received by you, you must return them by default, but if your husband is a liability, you do not need to return them. However, in your case, it doesn't seem easy for him to be blamed simply for saying something disappointing. In this case, in the case of the sender, the child becomes a non-marriage birthplace and is recognized as the husband's biological child by the way the husband recognizes the child. I've informed you that if your husband says he doesn't recognize your child, you can get recognition through a recognition claim lawsuit and receive child support. So far, I've been with lawyer Lee Jun-hun of Shinsegae Law Firm.

◇ Thank you.

◆ Cho In-seop: You can listen to Cho In-seop's counseling center again on YouTube and on the website. If you have any questions or suggestions, please leave a message on the consultation board on the website. You can contact Shinsegae-ro, a law firm, separately.