How to annul a divorce: Action for divorce annulment
Competent court
- The following family courts shall have jurisdiction over a divorce annulment litigation (Article 22 of the Family Litigation Act):
1. When the spouses have a general forum in the district under the jurisdiction of the same family court, such family court;
2. When a general forum of either spouse exists in the district under the jurisdiction of the family court wherein the spouses had the last common domicile, such family court;
3. In cases that do not fall under subparagraphs 1 or 2, when either spouse brings action against the other, the family court in the place where the general forum of the other party is located; and when the litigation is against both spouses, the family court in the place where the general forum of one of them is located;
4. When either spouse is deceased, the family court in the place where the general forum of the survivor is located; and
5. Where both spouses are deceased, the family court is in the place where the last domicile of one of them is located.
Standing and deadline to bring action
- If there is a ground to annul a divorce, any party, legal representative, or relative within 4 degrees may bring divorce annulment action in family court at any time (Article 23 of the Family Litigation Act).
Defendant in the litigation
- If a spouse brings an action to annul a divorce, the other spouse is the defendant (Article 24(1) of the Family Litigation Act).
- If a third party brings an action to annul a divorce, the spouses are the defendants. If either spouse is deceased, the survivor is the defendant (Article 24(2) of the Family Litigation Act).
- If the person who would be the defendant in the action is deceased, a public prosecutor is the defendant (Article 24(3) of the Family Litigation Act).
Omission of conciliation proceedings
- An action to annul divorce does not require a conciliation proceeding in family court [Articles 2(1)1(a)(ii) and 50(1) of the Family Litigation Act].
Effect of a judgment annulling a divorce
- The effect of a final judgment upholding a claim for the annulment of divorce applies to third parties as well (Article 21(1) of the Family Litigation Act). Once a judgment dismissing a claim for the annulment of divorce is final, no other person with standing may bring action again in the absence of just cause for the inability to participate before the close of trial hearings (Article 21(2) of the Family Litigation Act).
- Once a judgment to annul a divorce is finalized, the effect is the same as if the divorce never took place, and the prior marriage is deemed to have continued without interruption.
Appealing a judgment annulling a divorce
- A party who objects to the judgment of a family court on an action to annul a divorce may appeal before an authentic copy of the judgment is served or within 14 days of the date an authentic copy of the judgment is served (Article 19(1) of the Family Litigation Act).
- A party who objects to the judgment of an appeals court on an action to annul a divorce may appeal to the Supreme Court before an authentic copy of the judgment is served or within 14 days of the date an authentic copy of the judgment is served (Article 20 of the Family Litigation Act).