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

Appeal

Either member of the couple may appeal to a higher court within two weeks of receiving a copy of the judgment from the court of first/second instance. The appeal should be submitted to the court which announced the judgment.

The judgment of the court of first instance is finalized when the corresponding appeal period has passed without appeal, when the appeal period has passed without appeal after rejection by the court of second instance, and when the Supreme Court has rejected the appeal.

If the defendant comes to know about the court’s divorce ruling only after finalization of the court proceeding through the “service by public notice” procedure, the defendant may appeal to a high court, explaining that he/she could not meet the appeal deadline for a reason for which he/she is not responsible.

In the case of a minor error in the court’s judgment that does not substantially affect the overall judgment (e.g. a misstatement of the resident registration number or place of family register), the party may ask the trial court for the correction thereof.