Meta: Navigating Korean divorce law can be complex. This guide covers the grounds for divorce, the process for asset division, child custody, and support (양육비) under the Civil Act, providing essential information in a professional, calm tone.
Dealing with the end of a marriage is emotionally challenging, and the legal landscape can often feel overwhelming. If you’re facing a divorce in South Korea, understanding the key legal principles—particularly concerning grounds for divorce, asset division (재산 분할), and child custody—is critical. This post offers a professional, calm overview of the Korean legal system’s approach to dissolving a marriage.
Under the Korean Civil Act, a divorce can proceed in two primary ways: Divorce by Agreement (협의이혼) or Judicial Divorce (재판상 이혼). The latter requires proving a legally recognized ground for the marriage breakdown.
A court will grant a divorce if any of the following are proven:
One of the most complex aspects of a Korean divorce is the division of marital assets. The Korean legal system views marriage as a joint effort in accumulating wealth, and thus, assets acquired during the marriage—regardless of whose name they are under—are subject to division. This is known as the principle of contribution (기여도).
Assets that were owned by one spouse before the marriage or acquired through a gift or inheritance during the marriage are generally considered Separate Property (특유재산). However, if the other spouse contributed to the maintenance or increase of that separate property, a claim for division can still be made. Documenting the financial history is essential.
The court assesses the level of contribution each spouse made to the maintenance and increase of the joint assets. Contribution isn’t solely financial; it includes non-monetary roles such as child-rearing and housekeeping. The final division ratio can range from 50/50 to a significantly skewed percentage, depending heavily on the evidence presented regarding each spouse’s contribution.
When children are involved, the court’s paramount consideration is the welfare of the child. Korean law distinguishes between the primary care provider and the individual holding parental rights (legal authority).
| Term | Korean Term | Definition |
|---|---|---|
| Custody | 양육자 (Yang-yuk-ja) | The person responsible for the physical care and upbringing of the child. |
| Parental Rights | 친권 (Chin-gwon) | The legal right to make major decisions (education, medical, assets) for the child. |
| Child Support | 양육비 (Yang-yuk-bi) | Financial contribution from the non-custodial parent. |
| Visitation | 면접 교섭권 | The non-custodial parent’s right to see and communicate with the child. |
In many cases, the court will award custody and parental rights to the same person, though joint parental rights may be considered. Child support (양육비) is calculated using a standard table set by the Seoul Family Court, which considers both parents’ incomes and the number/age of the children. However, this is merely a guideline, and final amounts are adjusted based on specific circumstances.
A common issue arises when both spouses are at fault. Korean courts generally will not grant a divorce to the spouse who is primarily at fault (유책 배우자) if the other spouse does not want the divorce. However, recent trends show some limited exceptions, such as when the marriage has been broken for an extended period, suggesting the need for a nuanced approach in such cases. Securing documentation proving the breakdown of the marriage is key in a Judicial Divorce.
A successful divorce negotiation or litigation in Korea relies heavily on thorough preparation. Ensure you:
Generally, the Korean Supreme Court adheres to the principle that the primarily at-fault spouse cannot unilaterally file for divorce. However, there are limited, evolving exceptions where the other spouse has rejected the primarily at-fault spouse for a very long period, or the marriage is deemed irrevocably broken without hope of reconciliation.
The court determines the ratio based on the total contribution of each spouse to the accumulation and maintenance of marital property. This includes financial income, household management, childcare, and contribution to the maintenance of separate property. It’s not automatically 50/50 but is often heavily weighted toward that if the marriage was long and both parties contributed significantly.
Yes. Pension contributions made during the marriage are considered part of the joint marital property subject to division. The portion of the pension that corresponds to contributions made during the marriage period is usually included in the division calculation.
Child support obligations decided by the court can be enforced through various methods, including wage garnishment, order for payment (이행명령), and in cases of persistent non-compliance, even the possibility of detention (감치).
Disclaimer: This blog post provides general information on Korean family law and divorce procedures. It is for informational purposes only and does not constitute formal legal advice. Laws and judicial precedents (판례) are subject to change. For advice specific to your situation, please consult with a qualified legal expert. This content was generated with assistance from an AI language model.
이혼, 재산 분할, 양육비, 친권, 면접 교섭, 가사 상속, 가정 법원, 판례, 소장, 답변서
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