Whether consolation money may be sought for the dissolution of a de facto marriage
Whether consolation money may be sought for the dissolution of a de facto marriage- A de facto marriage may be dissolved by an agreement between the spouses or by a spouse’s unilateral breakup. A spouse who unilaterally breaks up a de facto marriage without just cause (a ground amounting to those in Article 840 of the Civil Act) is liable to pay damages to the other party for the emotional distress suffered because of the dissolution of the de facto marriage (Articles 750 and 751 of the Civil Act). If the spouses do not reach an agreement on consolation money, a claim for damages may be made before a court [Article 2(1)1(c)(i) of the Family Litigation Act].
※ Judicial precedent on payment of damages for the wrongful dissolution of de facto marriage
“Spouses in a de facto marriage bear the obligations of cohabitation, mutual support, and mutual aid as provided for in Article 826(1) of the Civil Act, therefore … if a spouse in a de facto marriage abandons the spousal obligations of mutual cohabitation, support, and aid without just cause, such spouse has wrongfully ended the de facto marriage relationship by malicious desertion and is, in principle, liable to pay damages for the wrongful dissolution of the de facto marriage, unless it is proven that the other spouse is at fault amounting to grounds for judicial divorce.” (Supreme Court Judgment 97Meu544,551 announced on August 21, 1998)
※ Justified grounds for the dissolution of de facto marriage under judicial precedent
A spouse in a de facto marriage has committed an unfaithful act (Supreme Court Judgment 66Meu39 announced on January 24, 1967)
A spouse in a de facto marriage has maliciously deserted the other spouse (Supreme Court Judgment 97Meu544,551 announced on August 21, 1998)
A spouse in a de facto marriage has been extremely maltreated by the other spouse or the spouse’s lineal ascendant (Supreme Court Judgment 83Meu26 announced on September 27, 1983)
- Meanwhile, if the breakdown in the de facto marriage was caused not by a spouse but a third party (for instance, a spouse’s parent, etc.), consolation money may be sought from such third party as well [Article 2(1)1(c)(i) of the Family Litigation Act].