Can a husband who hid debt before marriage legally have his wife's request for divorce denied?

A man who concealed debt before marriage sought legal advice amid conflicts with his wife.

On the 12th of last month, the man appeared on YTN Radio's "Consultation Room with Lawyer Jo In-seop." He revealed that he had several million won in debt due to college tuition and living expenses before marriage but believed he could repay it comfortably with his salary, so he married without informing his wife.

After discovering this fact right after their marriage, the wife strongly protested, stating, “I feel deceived into marriage,” which rapidly deteriorated their relationship.

The husband worked part-time delivering food after his regular job to repay all his debts, but the wife's heart did not return, it is reported. The wife became extremely sensitive to the husband's habits and displayed controlling behavior, such as severely limiting his allowance. She even yelled at him and resorted to violence when he drank alcohol.

While the wife continually requests a divorce, the husband, who grew up in a family with divorce, does not want to divorce as he does not want to inflict the same pain on their son.

Is the claim of a 'fraudulent marriage' legally recognized?

Lawyer Lim Hyeong-chang from Shinsegye Law Firm provided a clear legal perspective on this case. According to Article 816, Clause 3 of the Civil Act, a marriage can be annulled if it was based on fraud or coercion regarding the declaration of intent to marry. However, simply misleading about financial ability, education, or family circumstances does not constitute valid grounds for annulment.

Lawyer Lim explained, “If someone has a mountain of debt that cannot be repaid but misrepresents themselves as wealthy, falsely claims to be from a prestigious university when they are not, and misleads about the family wealth, all while having no genuine intent to marry and marrying to deceive for wedding expenses, their marriage could be annulled.”

However, in this case, since the husband did not merely fail to disclose pre-marital debt but also genuinely intended to marry and had a level of debt he could repay after marriage, it does not qualify as grounds for annulment. Additionally, annulments due to fraud must be claimed within three months of discovering the fraud, and since five years have already passed, the annulment claim itself is no longer possible.

Who would benefit from a divorce lawsuit?

The Supreme Court of the Republic of Korea interprets Article 840 of the Civil Act under fault-based principles. This means that a spouse who is primarily responsible for the breakdown of the marriage cannot file for divorce based on that breakdown.

In this case, while the husband concealed his debt before marriage, he has already repaid it all, and there were no acts of abandoning, infidelity, verbal abuse, or physical violence.

Instead, it appears that the wife used the husband's debt as an excuse to yell and act violently, treating him unfairly.

Lawyer Lim explained, “In such a case, the primary responsibility for the marriage breakdown lies with the wife, making it impossible for her to file for divorce in court, and rather, the husband could file.”

If the wife were to file for divorce in court, she would have to argue based on 'other significant reasons that make it difficult to continue the marriage' under Article 840, Clause 6 of the Civil Act. However, given the facts at hand, it seems challenging for such a claim to be accepted.

Possibility of property division and alimony claims

Considering the brief marriage duration of five years and the fact that the wife had no income throughout the marriage as a full-time homemaker, it is highly likely that the husband’s contribution will be recognized more favorably during property division.

Lawyer Lim advised, “If the husband files for divorce, he could receive up to 80% in property division.”

Furthermore, due to the wife’s acts of violence or verbal abuse, he could also claim alimony separately from property division. The lawyer advised that if considering divorce, it is crucial to keep evidence of the wife’s unfair treatment through recordings or transcripts.

In conclusion, concealing debt before marriage alone makes it legally challenging to annul the marriage or recognize the wife's unilateral divorce request. Rather, presently, if the husband were to file for divorce, he might be in a more advantageous legal position.

Image sources: Non-related materials for the article / gettyimagesbank, illustrative materials to aid in understanding the article / gettyimagesbank.