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What is the Korean divorce law?

Introduction

The Korean divorce law is a complex legal system that governs how married couples can legally end their marriage in South Korea. The law has undergone several changes in recent years, with amendments being made to make the process simpler and more streamlined. This article will provide a comprehensive overview of the Korean divorce law, including its history, key provisions, and how it compares to divorce laws in other countries.

History of the Korean Divorce Law

The Korean divorce law has its roots in traditional Korean family law, which was heavily influenced by Confucianism. In the past, divorce was heavily stigmatized in Korean society and was only allowed under certain circumstances, such as infidelity or abuse. However, with the advent of modernization and Westernization in the 20th century, attitudes towards divorce began to change. The first modern divorce law was enacted in 1958, and since then, there have been several revisions and amendments to the law.

Grounds for Divorce

Under Korean law, there are several grounds for divorce, including adultery, cruelty, desertion, and irreconcilable differences. Adultery is one of the most common grounds for divorce in Korea, and it can be cited by either spouse. Cruelty refers to physical or emotional abuse, while desertion refers to one spouse abandoning the other for a period of at least one year. Irreconcilable differences are grounds for divorce when the spouses are unable to resolve their conflicts despite efforts to do so.

Residency Requirements

To file for divorce in Korea, at least one spouse must be a resident of the country. If both spouses are foreign nationals living in Korea, they must have been living there for at least one year before they can file for divorce. If one spouse is not a resident of Korea, they may still be able to file for divorce if they can prove that their spouse is a resident.

Divorce Process

The divorce process in Korea typically involves several steps. First, the couple must file a petition for divorce with the family court. They must then attend a preliminary hearing, during which the court will attempt to mediate any disputes and encourage the couple to reconcile. If reconciliation is not possible, the court will move forward with the divorce proceedings.

Division of Property

In Korea, marital property is generally divided equally between the spouses in the event of a divorce. Property that was acquired before marriage or through inheritance or gift is not considered marital property and is usually awarded to the spouse who originally owned it. However, there are exceptions to this rule, and property division can be a complex issue in Korean divorces.

Child Custody

Child custody is another important issue in Korean divorces. In general, custody is awarded to the parent who is deemed best able to provide for the child’s welfare. The court will consider factors such as each parent’s financial situation, living conditions, and relationship with the child when making a custody decision.

Child Support

The non-custodial parent in a Korean divorce is typically required to pay child support to help cover the costs of raising the child. The amount of child support is determined based on factors such as each parent’s income and living expenses, as well as the child’s needs.

Alimony

Alimony, or spousal support, may be awarded in some Korean divorces. However, it is generally only granted in cases where one spouse is significantly financially dependent on the other and would face financial hardship after the divorce.

Legal Representation

In Korea, it is not required for either spouse to have legal representation during a divorce. However, it is highly recommended, as the process can be quite complicated and having an attorney can help ensure that your rights are protected.

International Divorce

In cases where one or both spouses are foreign nationals, international divorce laws may come into play. The Hague Convention on the Recognition of Divorces and Legal Separations is an international treaty that governs how divorces are recognized and enforced in different countries.

Conclusion

The Korean divorce law is a complex legal system that governs how married couples can legally end their marriage in South Korea. It has undergone several changes in recent years, with amendments being made to make the process simpler and more streamlined. If you are considering a divorce in Korea, it is important to understand the key provisions of the law and to seek legal representation if necessary to ensure that your rights are protected.

Can woman divorce her husband in Korea?

In Korea, couples have the option to get divorced without going through court proceedings if they both agree to it. This is allowed under Civil Act article 834, meaning that even if one spouse is at fault for the divorce, they can still end the marriage as long as the other spouse consents.

What is the marital law in Korea?

Currently, in South Korea, marriage is only allowed between individuals of opposite genders as same-sex marriages are not legally recognized. Individuals who are over 18 years old and male or over 16 years old and female may get married with the approval of their parents or guardians.

How much is alimony in Korea?

In Korea, alimony is not commonly awarded, but if a couple has been married for more than 10 years, the wife is entitled to half of the assets. If a divorce is due to infidelity, compensation can be requested and there are three types of compensation available for this situation.

What are the different types of divorce in Korea?

In Korea, there are two ways to get a divorce: one is through mutual agreement between the spouses, and the other is through a court order. This is according to the law in Korea. The information was last updated on April 24th, 2022.

Do South Korean wives take their husband’s last name?

In Korea, names are composed of two components: a family name and a given name. Traditionally, children inherit their father’s surname, as in many other cultures, but Korean women do not adopt their husband’s surname upon marriage.

How long does a divorce take in South Korea?

If the divorce case is resolved during its initial stage, it typically takes anywhere from 6 to 12 months to complete the entire process in Korea. This timeframe is based on legal grounds for divorce through trial as of January 2, 2023.

Comparison to Divorce Laws in Other Countries

The Korean divorce law has some similarities and differences compared to divorce laws in other countries. For example, like Korea, many countries have provisions for both fault-based and no-fault divorces. However, the grounds for divorce may differ from country to country.

In terms of property division, some countries follow a community property system where all marital property is divided equally between the spouses, while others follow an equitable distribution system where the court determines a fair division of property based on various factors.

Child custody and support laws also vary from country to country. Some countries prioritize awarding joint custody to both parents, while others prioritize awarding sole custody to one parent. Child support amounts may be determined differently depending on each country’s laws.

Conclusion

In conclusion, the Korean divorce law is a complex legal system that governs how married couples can legally end their marriage in South Korea. It is important for couples who are considering divorce in Korea to understand the key provisions of the law and seek legal representation if necessary. While there are some similarities and differences compared to divorce laws in other countries, it is important to understand the unique features of the Korean divorce law when navigating the process of ending a marriage in Korea.

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