Even without registering your marriage, living as spouses brings certain protections

Ending a De Facto Marriage Matters We Handle

1. Requirements for a De Facto Marriage — An intention to marry and a real shared married life are neededA de facto marriage exists when, subjectively, there is an intention to marry and, objectively, there is a substance of shared married life that would be recognized as such under social norms of family order. It is different from simply living together or dating.Intention to marry (wedding ceremony, formal meeting of both families, introducing each other as spouses) · Living together and jointly managing living expenses · Interaction with both families · Having and raising children · Objective records such as resident registration, national health insurance, and utility bills
2. Compensation for non-economic damages for Unjust Termination — Liability for ending the relationship unilaterally without justifiable reasonIf one partner ended a de facto marriage without justifiable reason, the other can claim compensation for non-economic damages for emotional harm. The same liability is recognized where the couple completed the wedding and honeymoon but the relationship broke down through one partner's fault before they began a shared married life.Whether there was a justifiable reason for ending it (the other partner's infidelity, violence, etc.) · How long the relationship lasted and how it was ended · The degree of the other partner's responsibility · Evidence of the termination (messages, notice of the breakup) · Claims against a third party may also be possible in some cases
3. Property Division (officially “division of property”) — The property division rules for legal marriage apply by analogyThe property division rules are based on the reality of the couple's shared life, so they also apply by analogy to de facto marriages. Property built up through cooperation during the de facto marriage, and debts incurred in building up joint property, are subject to settlement.Property built up through cooperation while living together · Included even if held in one partner's name, if it is in substance joint property · Debts incurred in building up joint property · The ratio is set by the length of the relationship and contributions · File the claim as soon as possible after the relationship ends
4. Children — Child support and parental authority are decided regardless of marital statusParents' responsibility to raise children born in a de facto marriage does not change when the relationship ends. If the father has acknowledged the child, the parents decide by agreement who will have parental authority, and if they cannot agree, the family court decides. Child support can also be claimed.Confirming the parent-child relationship (claim for acknowledgment if needed) · Parental authority is set by agreement, or by the family court if agreement fails · Deciding the custodial parent and claiming child support · Agreeing on visitation · The child's surname and family origin (bon) are handled in a separate procedure

1. When a De Facto Marriage Exists

The Supreme Court holds that a de facto marriage exists where, subjectively, there is an intention to marry and, objectively, there is a substance of shared married life that would be recognized as such under social norms of family order (Supreme Court Decision 98Meu961, decided December 8, 1998). This is distinguished from an engagement, which is established simply by an agreement to marry in the future.

Provisions on legal marriage that presuppose a marriage report cannot be applied by analogy to a de facto marriage. However, provisions based on the reality of the couple's shared life, such as property division, can be applied by analogy (Supreme Court Decision 2020Meu15841, decided May 27, 2021).

2. What You Can Claim When a De Facto Marriage Ends

When a de facto marriage ends, there are three main things you can claim from the other partner.

• Compensation for non-economic damages: A claim for damages for unjust termination of a de facto marriage is a Class Da family litigation case (Article 2(1)(i)(c)(1) of the Family Litigation Act). Even where the couple completed the wedding ceremony and honeymoon but did not reach a shared married life and the relationship broke down through one partner's fault, damages for emotional harm can be claimed in the same way as for unjust termination of a de facto marriage (Supreme Court Decision 98Meu961).
• Property division: Property built up through cooperation during the de facto marriage is settled. Where debts incurred in building up joint property during the de facto marriage were repaid after it ended, the repaid debts are subject to settlement absent special circumstances (Supreme Court Decision 2020Meu15841).
• Children: The custodial parent, child support, visitation, and designation of the person with parental authority. The Family Litigation Act also treats custody dispositions and designation of the person with parental authority as family non-contentious cases where they arise from annulment of marriage or acknowledgment of a child (Article 2(1)(ii)(b)(3) and (5) of the Family Litigation Act).

If the existence of the de facto marriage itself is disputed, you can file an action to confirm whether a de facto marriage existed (a Class Na family litigation case) (Article 2(1)(i)(b)(1) of the Family Litigation Act). These claims fall under the exclusive jurisdiction of the family court, and mediation must be applied for first (Articles 2 and 50 of the Family Litigation Act).

3. Property Division in Practice

Courts apply the property division provision (Article 839-2 of the Civil Act) by analogy to de facto marriages, and set the amount and method of division taking into account the amount of property built up through the cooperation of both partners during the de facto marriage and other circumstances. Property in either partner's name is included if it is in substance joint property, and debts incurred in building up joint property are subject to settlement.

1. Fix the dates when the de facto marriage began and ended.
2. List the property and debts accumulated during that period.
3. In principle, separate out property held before the relationship and property received by inheritance or gift.
4. Decide the division ratio and method, considering contributions, length of the relationship, and other factors.

In a legal marriage, the right to claim property division expires 2 years after the date of divorce (Article 839-2(3) of the Civil Act). Whether this period applies as is to de facto marriages needs to be checked case by case, so it is safest to file a claim as soon as possible after the de facto marriage ends. If there are signs that the other partner is trying to dispose of property, you can apply for a pre-trial disposition (Article 62 of the Family Litigation Act).

4. If You Have Children

A child born in a de facto marriage is a child born out of wedlock, so acknowledgment is often needed to establish the legal relationship with the father. Where a child born out of wedlock has been acknowledged, the parents must decide by agreement who will have parental authority, and if they cannot or do not agree, the family court designates the person with parental authority on its own authority or on request (Article 909(4) of the Civil Act). Matters concerning the custodial parent, sharing of child support, and visitation are also decided by agreement, and if the parents cannot agree, the family court decides (Article 837 of the Civil Act).

The specific way child support is set and the enforcement tools are the same as for child support after divorce (see the Child Support & Enforcement page), and procedures such as order for direct payments and orders for implementation also apply to children of a de facto marriage. The age of majority is 19 (Article 4 of the Civil Act).

5. Practical Issues

• Proving the relationship: You need to show the intention to marry and a shared married life with documents such as a resident registration certificate, a lease in both names, registration as a dependent under national health insurance, wedding photos, wedding invitations, and records of contact between the families.
• When it ended: This affects the period covered by property division and the amount of compensation for non-economic damages. Keep a record of the exact dates of separation or notice of the breakup.
• Whether the termination was unjust: Whether compensation for non-economic damages is awarded depends on whether there was a justifiable reason for ending the relationship (the other partner's infidelity, violence, avoidance of financial responsibilities, etc.).
• De facto marriage alongside an existing legal marriage: If the other partner had a legal spouse, protection of the de facto marriage may be limited, so it must be examined whether the legal marriage had in substance ended.
• Relationship with affair claims: Where the de facto partner has a legal spouse, the possibility of the legal spouse bringing an affair partner claim against the de facto partner should also be considered.

Key Court Decisions

Supreme Court Decision 98Meu961, decided December 8, 1998

Held that a de facto marriage exists where there is an intention to marry and the substance of a shared married life, and that even where a couple completed the wedding and honeymoon but the relationship broke down through one partner's fault before reaching a shared married life, damages for emotional harm can be claimed as for unjust termination of a de facto marriage.

Supreme Court Decision 2020Meu15841, decided May 27, 2021

Held that the property division provisions can be applied by analogy to a de facto marriage, and that where debts incurred in building up joint property during the de facto marriage are repaid after it ends, they are subject to settlement absent special circumstances.

Supreme Court Decision 2019Meu10581, decided March 31, 2022

Held that even if a legally married person lives apart from the spouse and lives as a married couple with a third party, the relationship cannot be recognized as a de facto marriage and given protection comparable to a legal marriage unless there are special circumstances, such as a state of de facto divorce from the legal spouse.

Frequently Asked Questions

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Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026