Legal basis:
– Civil Act.
Husband and wife may get a divorce by agreement.
Divorce by agreement shall take effect upon reporting after obtaining the confirmation of the Family Court.
The report above shall be filed in writing with joint signatures of both parties and two adult witnesses.
Procedure of Divorce
– Any person who intends to get a divorce by agreement shall have a guidance on divorce provided by the Family Court and, if necessary, the Family Court may recommend to take counsel with a professional counselor who has expertise and experiences in counseling.
– The party who filed an application for the confirmation of intention to divorce with the Family Court may have the confirmation of intention to divorce after the periods, have passed since the day of having such guidance:
- Three months, if the party has any child to take care of (including an unborn child);
- One month, if the party has no child to take care of (including an unborn child).
– The Family Court may exempt the party from or reduce the period when there are such urgent circumstances to proceed a divorce as the party’s unbearable suffering may be expected due to domestic violence.
– The party who has any child to take care of shall submit the documents of agreement on fostering and decision of custody or the original copy of adjudication of the Family Court about Divorce and Responsibility of Fostering Children and Designation, etc. of Person of Parental Authority.
– The Family Court shall establish a child support order to confirm the details of child support agreed between parties.
Claim for Division of Property
– One of the parties who have been divorced by agreement, may claim a division of property against the other party.
– If no agreement is made for a division of property, or if it is impossible to reach an agreement, the Family Court shall, upon a request of the parties, determine the amount and method of division, considering the amount of property acquired by cooperation of both parties and other circumstances.
– The claim for division of property shall be extinguished after two years have passed from the date of divorce.
