When a couple living together without a report of marriage dissolves the relationship,

they may dissolve the relationship by agreement or by notice without following formal procedures because a couple without a marriage report is legally recognized as husband and wife. However, when a dissolution is due to one party's fault, the other party may claim damages for physical, mental damage.

The rights of a spouse in common law marriage

are similar to those of a spouse in legal marriage. Spouses in common law marriage have the same obligations to live together and support and aid each other. And also, at the time of dissolution, they have the right to claim damages against the spouse responsible for the dissolution and claim the division of property acquired during their common law marriage period. However, a common law marriage does not create a relationship of relatives. Therefore, a common law spouse is entitled neither to inheritance by law nor to bring a charge of adultery. On the other hand, a common law spouse is entitled to a survivor's pension upon the death of the other spouse who was a government employee, an army officer, or a teacher in a private school, or a sailor, and to damages for a third's party's tort to the deceased common law spouse. And also, the rights and obligations of a tenant under the landlord-tenant law may be transferred to a common-law marriage spouse under certain requirements.

May one person alone report a marriage?

A marriage report by one person without the other's consent is null and void. A report by a third party regardless of the real parties' intent is also null and void. In case of a unilateral report, a claim for nullification may be filed.

A child of common-law marriage parents

1. is given the mother's family name if the father is not disclosed at the time of birth report.
2. may have the father's name put in the Registry of Family Relationship through a paternity action if the father does not recognize the child as his.
3. may keep the existing family name if the father recognizes the child as his and both parents agree to do so. However, if the parents cannot make such an agreement, the child may keep his existing family name with the approval of the family court.
4. must, in case of an affiliation, be designated a custodian by the parents' agreement, or at the family court's discretion or upon the child's request if the parents cannot or fail to make such an agreement.