In Case the Civil Act of the Republic of Korea is the Applicable Law
General effects of marriage and changes in position- Generation of relative relation
· Husband and wife become relatives by obtaining the status of the spouse of each other at the time of marriage (subparagraph 3 of Article 777 of the Civil Act). One spouse has affinity relations with the affinity relatives of another spouse's parental and maternal lines within the fourth degree of relationship (subparagraph 2 of Article 777 of the Civil Act).
- Surname of husband and wife
· Husband and wife retain their original surnames even after marriage.
- Qualification of inheritor
· If one spouse dies, another spouse has the right to inherit his/her property (Article 1003 of the Civil Act).
- Attaining majority by marriage
· If a minor who has attained the marriageable age (18 years old) enters into marriage, he/she shall be deemed to have attained majority and have the same capacity as a person of full age.
Effect of marriage on property- Prenuptial agreement
· A prenuptial agreement is a contract entered into prior to marriage by the people intending to marry. It commonly includes provisions for their property relation after marriage. Once a prenuptial agreement is concluded, husband and wife are obliged to fulfill the contract. In principle, such agreement may not be altered during the marriage.
· Provided that if there is a due reason to alter such agreement, it may be altered upon approval of the court (Article 829 (2) of the Civil Act).
· The prenuptial agreement shall be registered prior to marriage report so that such agreement may be enforced against a successor in title of the husband or wife or a third party (Article 829 (4) of the Civil Act).
- Legal property system: Separate property system
· If there is no prenuptial agreement, the property relations of husband and wife is settled under Articles 830 through 833 of the Civil Act. The Civil Act adopts the separate property system where husband and wife own and manage their own property separately.
· Thus, unless a prenuptial agreement has been concluded, ① inherent property belonging to either husband or wife from the time before the marriage and property acquired during the marriage in his or her own name shall constitute his or her peculiar property; ② any property, of which title is uncertain between the husband and wife, shall be presumed to be in their co-ownership (Article 830 of the Civil Act); and ③ husband or wife shall separately manage, use and take profit from his or her peculiar property (Article 831 of the Civil Act).
- Joint liability for obligations with respect to home affairs
· If, with respect to normal home affairs, one spouse has effected a juristic act with a third person, the other spouse shall be jointly and severally liable for the obligation therefrom:
· Provided that this shall not apply where a previous notice, to the effect that the other spouse will not assume such liability, has been clearly given to the third person (Article 832 of the Civil Act).
- Sharing living expenses
· The expenses necessary for the communal life of husband and wife shall be jointly and severally borne by them, unless a special stipulation has been made between them (Article 833 of the Civil Act).