The parties must obtain information regarding divorce from the court, and they may also be recommended to receive consultation from the advisory committee members. Particularly, it is recommended that an agreement be drafted following consultation with advisory committee member regarding the decision of custody of minor children and parental rights.
If the parties fail to obtain information about divorce within 3 months from the date of the application, it is deemed that application for confirmation of intent not to contest divorce has been withdrawn.
From the date the information was obtained, the intent to divorce may be confirmed within 3 months if there is a minor child (including unborn in pregnancy); on the date the child reaches adulthood in the event the child is more than one month but less than 3 months away from reaching adulthood; after one month if there is a child who is less than one month away from reaching adulthood, or in other cases. However, if there are urgent circumstances such as domestic violence, etc., that requires the curtailment or waiver of the above periods, the parties may explain such situation and submit a statement of reasons. The statement of reasons may also be submitted through the advisory committee member.
If there is no re-designation of confirmation date within 7 days from the submission of the statement of reasons, the initially designated confirmation date remains unchanged and it may not be objected to.
The parties must make appearance at the court on the confirmation date and they must bring with them their own identification cards (resident registration card, driver’s license card, public servant card, or passport) and their seal.
If the parties fails to make appearance on the confirmation date two consecutive times, it will be deemed that the confirmation application has been withdrawn. Therefore the application for confirmation of intent not to contest divorce must be filed again.
In the event the parties have intent to divorce and they have a minor child, and if the agreement regarding the decision on custody of such child and parental rights
or a true copy of the family court’s decision and confirmation certificate has been confirmed, the court provides to the parties one copy of the confirmation, and if
there is a minor child, one copy of each of the agreement and a true copy of the child support statement or a true copy of the family court’s decision and confirmation certificate.
In the event a trial has been applied to the family court due to failure to reach an agreement by the confirmation date, the parties must make an appearance on the date of the confirmation and explain the reason therefor.
In the interest of the children, the court may order a modification to the agreement regarding custody and decision on parental rights. If they fail to respond to the modification order, the parties will fail to obtain confirmation.
Upon the failure to obtain confirmation, separate applications to the family court for judicial divorce or judicial designation of parental rights holder may be made.
The marriage is dissolved by reporting after the family court’s confirmation on intent to divorce.
The rights and duties to the children as parents continue even after the divorce irrespective of the uncontested divorce. However, in the event there is a minor child (including unborn child in pregnancy) the parties
must comply with the agreement regarding custody and parental rights decision with respect to such a child, or with the decision of the family court.
In particular, a child support statement is drafted with respect to child support covering the period from the day following the date the divorce was reported until the day before the minor child attains adulthood. If, following the divorce, a party fails to pay child support in accordance
with the child support statement, then an enforcement order may be attached to the child support statement and can be enforced against the non-compliant party.
If the wife wishes to use a different locus of registration than the husband from whom she is divorcing, she must file a report for change of locus of registration as well.