Common-law marriage refers to a relationship in which the parties have an intention to marry and the reality of a joint life exists, even though the marriage has not been registered.

Unlike legal marriage, common-law marriage does not constitute a marital relationship under the Civil Act because it does not meet the formal requirements of marriage registration. However, if certain requirements are met, it can be protected in accordance with legal marriage.

Therefore, even in a common-law marriage, legal issues may arise regarding assets accumulated while living as a couple, compensation for damages resulting from the dissolution of the relationship, child custody, etc.

Unlike a legal marriage, a common-law marriage can be resolved at the will of the parties without a court's divorce ruling or divorce by agreement.

However, legal disputes may arise if the common-law marriage ends due to one party's unfair termination, or if the parties do not reach an agreement on property, children, etc.

Even in a common-law marriage, if the relationship breaks down due to one spouse's fault, the other spouse can claim alimony for mental damage.

For example, if a common-law marriage breaks down due to cheating, violence, unfair treatment, etc., you can claim damages against the other party who dissolved the common-law marriage without justifiable reason.

However, in order to claim alimony for common-law marriage, it is important to specifically prove whether a common-law marriage actually existed and whether the other party was responsible for the breakdown of the relationship.

Even if the common-law marriage relationship has ended, you can claim property division for property created through joint efforts during the common-law marriage.

The object of property division is the property created and maintained during the couple's joint life, and the court determines the scope and ratio of property division by comprehensively considering the period of common-law marriage, how the property was formed, and each person's economic and household contribution.

Meanwhile, the precedent states that even if a legally married couple is in fact divorced for reasons such as long-term separation, and one of the couples is living a substantive marriage with the intention of marrying a third party, this cannot be recognized as a common-law marriage and granted protection equivalent to a legal marriage unless there are special circumstances, so a common-law spouse in a bigamous relationship cannot claim property division upon dissolution of the common-law marriage (Supreme Court, September 1995, 1995). 26. Decision 94M1638, Supreme Court decision 96M530 on September 20, 1996).

A child born to a common-law couple is a ‘child born outside of marriage’ and follows the mother’s last name and example (Article 781 (3) of the Civil Act), so there is a legal mother-child relationship with the mother, but there is no legal father-son relationship with the father. Therefore, if the common-law relationship is dissolved, child support cannot be claimed from the child's father.

However, if ① the father recognizes the child and reports it as his biological child, or ② the child files a lawsuit requesting recognition against the father and the citation becomes final, a legal relationship exists between the child and the father, and child support can be claimed against the child's father.