South KoreaWhat's the difference between void and voidable marriage?
A void marriage is invalid from the beginning and has no legal effect, while a voidable marriage is valid until annulled by a court. In South Korea, void marriages include those violating age, kinship, or bigamy rules; voidable marriages include those based on fraud or coercion.
What the Law Says
South Korean law distinguishes between marriages that are void (invalid from inception) and voidable (valid until legally annulled). The Civil Act sets out specific grounds for each category, with different legal consequences and procedural requirements.
A void marriage is treated as if it never existed. It requires no court action to be invalidated — its invalidity is automatic under law. Common grounds include violation of minimum age (under 18), prohibited degrees of kinship, or bigamy.
A voidable marriage is legally valid until a spouse files for annulment and obtains a court judgment. Grounds include marriage entered into under fraud, coercion, or serious mental incapacity at the time of marriage.
For voidable marriages, the right to seek annulment expires two years after the ground ceases to exist (e.g., after escaping coercion) or after discovery of fraud — but no later than two years from the date of marriage.
Statutory TextA marriage is void if it violates Article 807 (age), Article 809 (kinship), or Article 812 (bigamy).
— Civil Act, Art. 817 — Void Marriage
Statutory TextA marriage may be annulled if entered into under fraud or coercion, or by a person lacking capacity to understand the nature of marriage.
— Civil Act, Art. 819 — Voidable Marriage
Statutory TextAn action to annul a voidable marriage must be brought within two years from the time the cause ceases to exist or the fraud is discovered.
— Civil Act, Art. 820 — Period for Annulment
What to Do
Confirm whether your situation falls under Art. 817 (void) or Art. 819 (voidable) grounds.
If voidable, file an annulment petition in family court within 2 years of discovering fraud or ending coercion.
Gather evidence (e.g., medical reports, messages, witness statements) supporting the ground for annulment.
Note: A void marriage needs no court action — but official records (e.g., family registry) may still require correction via administrative procedure.
Consult a licensed Korean attorney to verify eligibility and assist with court filing or registry updates.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.