Unlike situations in some states in the U.S., a prenuptial agreement is somewhat in a grey area in Korean legal system. When the case later goes into a divorce by agreement, the prenup would be fully honored by the court, too. When the case, however, goes into a judicial divorce or a contested divorce, the Korean court applies more strict standard in honoring the validity and application scope of the prenuptial agreement.
I would not say signing a prenuptial agreement is meaningless. To the contrary having a prenuptial agreement is better than having no such agreement. Even in case of a contested divorce, the existence of a prenuptial agreement could work for your advantage when the court decides which property shall be distributed and which property shall be opted out.
If you have any question regarding this article or you are in a similar case/situation , please visit our Legal Consultation center or send your inquiry email by clicking here. Our Korean qualified lawyer will answer your inquiry.
© 2018. All rights reserved.