[Q&A: Divorce Law] Does Being Separated for Many Years Itself Make It Easy to Get Divorced under Korean Law?

August 18, 2010

Q) Most of my friends say if you’ve got separated for many years, it is easy to apply for a divorce.  Is that true?

A) Basically being separated for many years is, by itself, not an justifiable cause for a judicial divorce under Korea divorce law.  The key issue will be why both of you have been separated.  If it is because of your husband’s violence and/or maltreatment, you’re surely entitled to request a divorce decree to a Korean Family court, even if you’re separated for only 1 day.  To the contrary, if you’ve maliciously 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

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

International Divorce in Korea When Both Parties Are Foreign Nationals

February 7, 2008

Recently I got a question whether Korean court permits international divorce when both parties are foreign nationals.  The questioner was in a situation that she lived in Korea but the spouse did not. Here is a short and general answer:   Read the rest of this entry »

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Posted by chungwi

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