Ask Korea Law

Published by Chung & Partners Since 2008


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Introduction to the Property Division and Consolation Money Claim under the Korean Divorce Law

When you divorce under Korean law, there are the matters of property division and consolation money.

A property division is a legal right of any spouse who is divorced under the Korean law.  Some people think a spouse at fault is not awarded this right, but that is not true.  There was a court case where even a spouse who cheated on the wife can claim for property division.

The subject of division is any and every marital asset acquire and/or maintained during the marriage.  The debts are also divided.

When dividing the marital asset, the Korean court will decide and apply the contributor share of each party in the course of acquiring and maintaining the marital assets regardless of whose name is on it.  Most common ration is 50:50.  But when the time of marriage is very short and the value of the assets is high, Continue reading


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(Q&A) I Want to Know More about Annulment, Marriage Revocation and Divorce under Korean Law

Q) I am seeking a Korean divorce lawyer for my divorce case against my Korean wife.  She lives in Seoul, Korea.  I am American and live in California.  We had a wedding ceremony in California.  We visited South Korea right after the ceremony to file a marriage report with the Korean local government office in Seoul.  However, things didn’t go well.  She left and we started a separation right after the report.  We lived together only for a week.  She had some bipolar issue and that caused lots of stress to our relationship.  I was not 100% sure when filing the marriage report. I am wondering if i can file for an annulment or a divorce in Korea.

A) First of all, assuming your wife has a habitual residence in Korea, the Korean family law shall apply here.

Under Korean law, annulment and revocation of marriage are recognized.  I think, however, annulment and revocation/cancellation of marriage claims are not easy to be established here.

Under the Korean law, the annulment requires a lack of genuine intent of marriage.  It seems, however, that you agreed to file the marriage report, which is the strong evidence that you had a genuine intent of marriage.  Of course, this intent is reviewed and decided at the time of the marriage report, not later. Continue reading


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[Q&A: Family Law] I Need a Divorce But Don’t Know Her Whereabouts in Korea – Korean Divorce Decree in Ex Parte and Recognition of Foreign Divorce Decree in Korea

Q) I have a friend who is living in New York.  He is a US Citizen who has resided in New York for several years. His wife is from South Korea, but they have not seen each other since 2009. I don’t believe there is any animosity; he just wants to file for divorce since they are no longer in contact. My friend has not been able to get in contact with her for some time, and her family is unsure of her whereabouts as well. The parties were married in South Korea. My friend has been residing in New York so he can file here for divorce; however I am concerned about having proper service there in Korea, especially since we are unsure of her whereabouts. I believe it may be beneficial for my friend to contact a Korean Attorney. I also need to make sure that his wife did not already file for divorce in South Korea or else us filing her is a duplication of services.

A) If your friend is unable to locate his wife in Korea and concerned about the issue of proper service when filing for divorce in New York, he could have an idea to file for divorce in Korea.  In a case where the plaintiff does not know the whereabouts of the defendant, the Korean court issues a divorce decree in ex parte.   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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