Contextual Requirements for Marriage
Contextual requirements for marriage when the Civil Act of the Republic of Korea is the applicable law
1. Both parties shall agree to marry; (subparagraph 1 of Article 815 of the Civil Act);
2. Both parties shall be of the marriageable age (18 years old) (Article 807 of the Civil Act);
※ In assessing the marriageable age, the day on which one was born shall be included.
3. In case a minor or an adult ward marries, he/she shall go through the following procedures for consent (Article 808 of the Civil Act);
A. A minor (under the age of 19) shall obtain the consent of both parents in order to marry. If one parent is unable to exercise the right of consent, the minor shall obtain the consent of the other parent, and if neither parent is able to exercise the right of consent, the minor shall obtain the consent of his/her guardian of minor (Article 808 (1) of the Civil Act).
B. An adult ward may marry upon obtaining the consent of his/her parents or adult guardian (Article 808 (2) of the Civil Act).
4. The marriage shall not constitute a consanguineous marriage (Article 809 of the Civil Act).
5. The marriage shall not constitute bigamy (Article 810 of the Civil Act).
Procedural Requirements for Marriage
- In order for a marriage to take effect, the parties to a marriage shall report their marriage in accordance with the provisions of the Act on the Registration, etc. of Family Relationships (Article 812 (1) of the Civil Act).
※ Once the official in charge accepts a marriage report, the marriage takes effect even though the marriage status is not registered on the family relation register.
- The following is the procedure and the method of a marriage report.
· Subjects of marriage report
√ Both parties in a marriage shall report their marriage in person (Article 812 (2) of the Civil Act).
· Place of marriage report
√ A marriage report may be filed at the place of registration of the family relation register of a national of the Republic of Korea, who is the spouse of a foreigner, or the domicile or current address of the parties to a marriage (Article 20 (1) of the Act on the Registration, etc. of Family Relationships).
· Matters to be entered in reports of marriage, etc.
√ The following matters shall be entered in a report of marriage, an agreement of the parties to a marriage shall be attached in case falling under subparagraph 3 (Article 71 of the Act on the Registration, etc. of Family Relationships)
1. Name, origin of surname, date of birth, resident registration number and place of registration of the parties to a marriage;
※ Name, date of birth, nationality and alien registration number when any party to a marriage is a foreigner
2. Name, place of registration and resident registration number of the parents and adoptive parents of the parties to a marriage;
3. The fact that the parties to a marriage agree about their child's surname (Article 781 (1) of the Civil Act);
4. The fact that the marriage does not constitute a consanguineous marriage (Article 809 (1) of the Civil Act).
· Method of marriage report
√ A marriage report shall be submitted in writing with co-signatures of both parties and two adult witnesses (Article 812 (2) of the Civil Act).