Ask Korea Law

Published by Chung & Partners since 2008


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[Q&A: Family Law] I Am Not Living in Korea. Can I File for Divorce in Korea? If Can, What Should I Know about Korean Divorce Law and Its Proceedings?

Q) I wish to file a divorce from my wife.  Our relationship ended in practice earlier this year and she returned to Korea in August. We were marred in Korea. I wonder how can I file for our divorce as she is in Korea but I am not living in Korea. I would prefer uncontested but would go with a contested divorce if necessary. But I am living in the UK. Can you tell me what process I should pursue?

A) At the outset, as your wife lives in Korea, you can file for divorce to a Korean Family Court.  Even if your wife does not have a Korean nationality, it is still the same. But you probably need to hire a Korean legal counsel who can represent you in the court, as you are not living in Korea.  With that said, if you hire a Korean divorce attorney, you are not required to come to Korea nor to attend the court.  Your Korean divorce attorney will handle everything for you.

The next issue will be which nation’s divorce law will govern your case, when you file for divorce in Korea.  If your wife is a Korean, then the Korean divorce law shall be the governing law.  If your wife is a UK citizen, then the divorce law of UK shall apply.

When the Korean divorce law becomes the governing law, in order to get a divorce decree, you have to show some types of justifiable causes for divorce under Korean law such as domestic violence, unchastity, etc.  Not surprisingly, Korean court quite often issues a divorce ruling when it founds the marriage was irretrievably broken.  Common grounds Continue reading