KEY INFORMATION ON DIVORCE PROCEDURES IN SOUTH KOREA

1. Divorce in South Korea: Legal System Overview

Divorce in South Korea takes place within a modern civil law system, where marriage and family law is designed to fairly protect the rights and interests of both spouses and their children. Divorce proceedings in South Korea not only legally terminate the marital relationship but also address related issues such as property division, child custody, child support, and post-marital obligations. For foreign nationals residing in or married to Korean citizens, understanding the procedures and legal rights involved in divorce in South Korea is essential to safeguarding their interests and avoiding unnecessary legal risks.

2. Types of Divorce in South Korea: Legal Recognition and Distinctions

Under South Korean law, there are two primary forms of divorce:

2.1. Divorce by Mutual Consent

This applies when both parties agree to dissolve the marriage and reach consensus on matters such as asset division, child custody, and support.
Couples must file a petition with the local family court, participate in a mandatory counseling session (especially if minor children are involved), and then observe a statutory “cooling-off period” ranging from one to three months before the divorce is officially recognized.
This process is generally faster and less costly compared to a contested divorce.

2.2. Contested Divorce

This applies when one party does not consent to the divorce or when there are disputes over child custody or property division.
The initiating party must file a petition with the Family Court and provide sufficient evidence to justify the divorce. Valid grounds include:

• Adultery
• Domestic violence
• Abandonment
• Severe breach of marital obligations

This process is more complex and may take several months or even years to resolve.

3. Rights and Obligations in Divorce in South Korea

3.1. Division of Property

Although an equal split of marital property is a general principle, the court does not automatically apply a 50/50 division. Each case is assessed individually, with the division based on each party’s contributions—including non-financial contributions such as homemaking or childcare.

3.2. Child Custody and Support

The court determines custody and legal guardianship based on the best interests of the child.
The non-custodial parent is typically required to pay monthly child support until the child reaches the age of majority.
In many cases, visitation rights or joint custody arrangements may be established either through mutual agreement or court order.

4. Legal Rights of Foreign Nationals in Divorce in South Korea

Foreign nationals—whether married to Korean citizens or other foreigners in Korea—are entitled to equal protection under South Korean law in divorce proceedings. They have the right to:

• File or respond to a divorce petition as Korean nationals do;
• Participate in court hearings and present evidence and testimony;
• Request interpretation services when needed;
• Choose the applicable law in cases involving foreign elements (pursuant to the Korean Private International Law Act).

5. The Role of the Family Court in Divorce in South Korea

The Family Court is the authority responsible for handling divorce cases, child custody, guardianship, and support issues. It adheres to the following key principles:

• Impartiality and fairness;
• Prioritizing the welfare of children;
• Confidentiality of personal information;
• Promotion of mediation prior to litigation.

6. Legal Support for Foreign Nationals

The South Korean government offers various free or low-cost legal support services for foreign nationals involved in divorce matters, including:

• The Korea Family Law Center for international marriages and divorces;
• Multilingual legal consultation hotlines providing assistance in matters related to marriage, divorce, and domestic violence;
• Court-appointed interpreters for cases involving foreign parties.

7. Conclusion – The Importance of Understanding Divorce Law in South Korea

A thorough understanding of South Korean divorce law is essential not only for Korean citizens but also for foreign nationals living, working, or married in Korea. The South Korean court system emphasizes fairness, transparency, and human dignity—especially in protecting the rights of children and vulnerable individuals.

With proper legal support from public institutions and qualified legal professionals, foreign nationals can fully safeguard their lawful rights in the event of marital disputes. In all cases, sound legal preparation remains the key to ensuring that the divorce process is conducted fairly, respectfully, and in full compliance with the law.

8. About NYLA – Korean Legal Office 

■ NYLA – Your Trusted Legal Partner in Korea

At NYLA, we understand that the success of foreign businesses in Korea requires not only a solid business strategy but also reliable legal support. With a team of experienced Korean attorneys and legal professionals, NYLA provides tailored legal services for companies, investors, and individuals operating or planning to establish a presence in Korea.

We support our clients throughout the entire business journey with comprehensive services, including:

• Legal consultation on company establishment, taxation, and immigration;
• Advice on commercial real estate, franchising, and product distribution;
• Support in human resources, marketing, and business strategy.

In addition to legal advisory, NYLA also represents clients in civil litigation cases related to business, labor, marriage, family, and inheritance to ensure their rights and interests are fully protected.

■ Contact NYLA

If you’re a foreign business or individual looking for a reliable legal partner in Korea, NYLA is here to help. We are committed to delivering effective, practical, and personalized legal solutions for every client.

With a proven track record of assisting hundreds of international clients, our team is equipped to help you navigate complex legal challenges—whether it’s commercial disputes, contract issues, or foreign investment guidance.

Don’t let legal matters hold you back. Let NYLA be your trusted guide in the Korean market.

■ Get in touch with NYLA for expert legal support

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