노년의 혼인해소와 재혼을 둘러싼 가족법적 과제 (부부재산관계의 형성과 청산을 중심으로)

Abstract

This paper discusses the Korean family law issues related to the termination of marriage by divorce or death, and remarriage at an advanced age in an aging society. The aged no longer live with their children in modern society, and the role of the aged in the family is decreasing. As the isolation between the aged and their children increases, who or how to support the aged after termination of their marriage and how to treat the difficulties related to their remarriage have stood out. Children have the tendency not to support their parents as much as in the past when they lived with their parents. And issue which has intensified is the aged woman's right of division of matrimonial property and inheritance after the termination of marriage. In addition, the number of elderly women who want to remarry has increased rapidly. because, without a spouse, they can not expect their children to support them enough financially or psychologically. The elderly face many difficulties in remarriage. For example, their children might oppose their parent's remarriage for fear of losing some or all of their inheritance. On the occasion of remarriage between the aged, matrimonial property contract, donation, testation would be applied to prevent the dispute over inheritance between the surviving spouse and the children. Finally, the division of property should not be limited to the termination of a marriage through divorce or death. In the case of a de facto marriage, the surviving spouse should have the right of division of the matrimonial property.