Unlike situations in some states in the U.S., a prenuptial agreement is somewhat in a grey area in the Korean legal system.
When the case later goes into a divorce by agreement, the prenup will be fully honored by the court. It is legal and enforceable in Korea.
When the case, however, goes to a judicial divorce or a contested divorce, the Korean court applies a more strict standard in honoring the validity and application scope of the prenuptial agreement, which in many cases results in nullifying the prenuptial agreement.
We would not say having a prenuptial agreement is meaningless. On the contrary, having a prenuptial agreement is better than having no such agreement. Even in case of a judicial divorce or a contested divorce, the existence of a prenuptial agreement could work for your advantage. Although the court is not bound by the prenuptial agreement, it takes account of the prenuptial agreement when deciding which property is included in the subject of property division, i.e. marital assets.
Read More: Getting Divorced in Korea as Foreigners: The Ultimate Guide
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