Divorce through agreement and divorce through trial

Under the country’s Civil Act, there are two types of divorce, i.e., divorce through agreement and divorce through trial.

When the two parties of a divorcing couple have reached an agreement on certain matters, including how to raise their non-adult children, they can follow the procedure for divorce through agreement.

When the two parties of a divorcing couple cannot reach an agreement, they should file for divorce proceedings or ask for arbitration.

Divorce proceedings

When the two parties of a divorcing couple have not reached an agreement on divorce, how to split any property, parental rights over non-adult children, expenses for bringing up their children or the right to meet them regularly, or when either party intends to ask for compensation from the other party responsible for breakup of the marriage, they should file for divorce proceedings at the family court.

When two parties of a divorcing couple do not enter into a dispute over matters concerning compensation from the other party or how to split property in divorce proceedings, the court does not rule on them.

When a divorcing couple has non-adult children, the divorce procedure also decides on matters concerning who has parental rights over such children and bringing them up, how to share the costs of bringing them up and their right to see the children regularly.

Causes for divorce through trial

Either a husband or a wife may apply for a divorce if one of the factors stated in The Civil Act, Article 840 applies.

Acquisition of South Korean nationality and sojourn status

Matters concerning the acquisition of South Korean nationality and of the status necessary for a sojourn in the country are the esponsibility of the Ministry of Justice.

Regarding such matters, please visit the homepage of the Korea Immigration Service, which is a subsidiary institution of the Ministry of Justice.

Procedure for divorce through trial

• 01. Dispatch of a copy of the complaint
• 02. Prearrangement
• 03. Pleadings
• 04. Family-related investigation
• 05. Arbitration
• 06. Recommendation on reconciliation
• 07. Announcement of judgment
• 08. Appeal
• 09. Steps to be taken after the court’s judgment

Pleadings

After dispatching a copy of a complaint submitted by the plaintiff to the defendant, the court notifies the defendant of the date set for the pleadings session. The parties should be present at the pleading session if there is no particular situation which prevents them from so doing. If either party does not appear at the session without justifiable reason, the court may impose a fine of not more than 500,000 won or take a forceful measure to make the said party comply.

At the pleading session, the parties state the major facts (i.e., facts behind the cause of the divorce), submit their evidences, and conduct an examination of the evidences, including witness examinations.

In a divorce proceeding, the court may pass a judgment based on a fact not asserted by either party, unlike in a civil proceeding, conduct an investigation of the facts and evidences based on its own decision, and examine a party or his/her legal representative at any time.