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[Q&A: Family Law] Is My Canadian or U.S. Divorce Decree Including Alimony and Child Support Order Enforceable in Korea?

Q) I filed for divorce in Ontario, Canada.  My husband lived in Canada and he was duly served with the court’s documents.  I will have a final divorce ruling from Canadian court including child support and alimony order soon.  But the issue is he will probably leave Canada and head to South Korea after the ruling is issued.  Will the Korean Courts recognize the Canadian court order in order to enforce his performance of child support and alimony payment?

A) There is a case where Korean Supreme Court recognized and approved the Canadian court’s divorce/asset distribution/child support/alimony order.  That order was issued from Superior Court of Justice in Ontario.

As a matter of law, Korean court recognizes foreign court’s divorce ruling so far as (i) the foreign court has a jurisdiction over the case in perspective of Korean law, (ii) the defendant was duly served, (iii) the ruling of the foreign court does not violate the social order of South Korea and (iv) there exists a mutual guaranty for recognition of rulings between the two jurisdictions.  For the last element, the Korean Supreme Court held that South Korea and Ontario have a mutual guaranty.  What is more important here is that the Supreme Court recognized foreign court’s alimony order.  Under Korean law, there is no legal concept of alimony in divorce.  Therefore, some may argue that as the alimony is not the legal right established in Korea, recognizing foreign court’s alimony ruling in Korea would violate the social order of  South Korea.  But, Continue reading


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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


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[Q&A] My Spouse Won’t Sign the Divorce Agreement, How Can I Get the Divorce Finalized in Korea?

Q) I’m a U.S. citizen married to a Korean woman having one child.  Currently we live apart and our child’s living time is split between us. I wouldn’t mind this situation if I knew she could be trusted to care for him safely and properly. But she can’t do this. I’m incredibly worried about his present safety and his emotional development. We have the papers but she won’t sign them, she uses our marital situation to manipulate me. Is there any way I can file for divorce without her consent? If so, where can I do this? Also, what would I need to do to obtain sole parent authority after the divorce?

A) If she keeps refusing to sign the divorce agreement, you have no choice but to file a divorce lawsuit with a Korean court which has a jurisdiction over the residence where she resides in order for the divorce to be finalized in Korea. Of course, Continue reading


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International Divorce in Korea When Both Parties Are Foreign Nationals

 

Recently we got a question whether Korean court permits a divorce filing even when both parties are foreign nationals. The questioner was in a situation where she lived in Korea but the spouse did not. Here is a short and general answer.

In principle, the Korean court accepts international divorce filing only when the defendant has a residence in Korea, even though there could be some excepts to this rule of thumb. The Supreme Court of South Korea, however, held that as an exception to this general rule the court should accepts the divorce filing when (i) the plaintiff fails to locate the defendant or (ii) the defendant who has no residence in Korea answers the lawsuit filed in Korean court.

Thus, if you do not know where the spouse currently lives but still need to get divorced, you can file a divorce lawsuit to a Korean family court. This is quite helpful to the foreign people who had been married to Korean persons but moved back to their home countries with the marriage not working good. Or a foreign person living in Korea whose spouse, who is also a foreigner, left Korea permanently can benefit from this judicial policy of Korean family court. In this regard, our office had represented a Canadian male and successfully got a divorce decree from

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