Monday, August 26, 2013

Basic Rule 1. Which proceedings should foreign husband and wife residing in Korea follow for divorce?

Foreign husband and wife residing in Korea who want divorce may get a divorce at the Family Court in Korea (in any area that has no family court, the divorce proceedings may be taken at the relevant district court).

Divorce in Korea is composed of the following two (2) types:(1) divorce by mutual agreement and (2) judicial divorce. The divorce by mutual agreement is available only when both husband and wife are Korean. If either husband or wife is a foreigner, they may get a divorce only by the judicial divorce.
The Judicial divorce under the Korean law consists of 1)divorce through mediation procedure and 2)divorce litigation. In the event that foreign husband and wife agree upon the intention to get a divorce and conditions of divorce, the divorce mediation proceedings are available. Otherwise, they shoud get a divorce through litigation procedure.