[Q&A: Family Law] When Foreign Couples Divorce and Get Married in Korea

September 1, 2010

Q) I have some questions about marriage and divorce law in Korea regarding two internationals living in Korea-one is a U.S. citizen, the woman is neither a citizen of Korea nor the U.S.  The woman was forced into a first marriage, against her will, when she lived in her home country.  Can she divorce in absentia and then re-marry in Korea?

A) The Korean court permits international divorce lawsuit basically if the both foreign parties are living in Korea.  If the husband does not reside in Korea, as your question, the divorce lawsuit can be accepted only when she fails to locate him or he answers the lawsuit filed under Korean court.

Regarding the governing law, the divorce case shall be governed in the following order under Korean law:

  1. the same law of nationality of both spouses
  2. the same law of habitual residence of both spouses
  3. the law of the place where is most closely connected with both spouses.

The Korean court shall decide Read the rest of this entry »

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Posted by chungwi

Claim for Division of Property under Korean Divorce Law

March 1, 2008

Korean divorce law allows a claim for division of property to any party of divorcing couple.  It means even the spouse who is responsible for the breaking of the marriage has the right too.

Division of property shall be determined by the parties’ agreement first.  If no agreement is made or if it is impossible to reach an agreement, the Family court shall, upon request of the parties, determine the amount and method of division.

One thing which should be noted is that the object of the division is only “property acquired by cooperation of both parties”.  That mens, if the property in issue is acquired by only either party’s effort and funds, then it shall not be Read the rest of this entry »

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Posted by chungwi

Do I Have to Get Divorced to Become a Sole Child Custodian under Korean Law?

March 1, 2008

Recently I got a question from a U.S. citizen living in the states. He has a Korean wife and a son. He’s currently living separately from the wife and son in Korea. The wife refuses his contact with the kid. He tries to get the custody but is not sure about filing a divorce law suit right away.

Child custody has two meanings in Korea.  One is a right to make decisions for the child (so-called parental authority) and the other is right to foster the child.

Getting divorced is not necessarily required to have the “right to foster” under Korean law. He can request the Korean Family Court to designate him as a sole child fosterer, maintaining his marriage.  The court will consider certain factors such as child’s age, past and current life style, occupation and standard of living of both parties and so on in deciding who is going to be a right fosterer in terms of the child’s welfare.

Regarding the expense of bringing up a child, if he is designated as a sole fosterer, the wife shall pay the certain proportion of total expenses of bringing up a child.

In a case where he fails to be designated as a sole fosterer by the court, he shall be entitled to have a visitation right according to Korean law. He can request the court to prevent his wife from interrupting his regular visitation to his Read the rest of this entry »

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Posted by chungwi

Can a Husband Who Cheated On His Wife Get Divorced Under Korean Law?

February 26, 2008

Let’s assume a situation where a husband has an affair with someone and he wants to get divorced. Can it happen legally under Korea divorce law?

Well, it may be very hard for him to get divorced unless the wife agrees to it. Someone may argue that as long as the marriage cannot be sustained because of husband’s act of unchastity, it is meaningless and no good for anyone to force the continuance of the marriage.

Well that allegation sounds plausible, but may be rejected by Korean court.

Korean law(Civil Act) allows judicial divorce in the following cases(Article 840 of Civil Code):

1. If the other spouse has committed an act of unchastity.
2. If one spouse has been maliciously deserted by the other spouse
3. If one spouse has been extremely maltreated by the other spouse or his or her linear ascendants
4. If one spouse’s linear ascendants has been extremely maltreated by the other spouse Read the rest of this entry »

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Posted by chungwi

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