Divorce Registration (By Agreement / By Court)

At a glance

• A divorce by agreement takes effect when it is reported after confirmation by the family court.
• The confirmation of the intention to divorce can be received after 3 months from the date of the divorce guidance if there is a child to raise (including an unborn child), or after 1 month if not.
• A divorce by agreement must be reported within 3 months of the date the confirmation copy is delivered or served; after that, the confirmation loses effect.
• A judicial divorce is reported within 1 month of the date the judgment becomes final, with a copy of the judgment and a certificate of finality.

Who must report

• Divorce by agreement: the spouses who want to divorce report after receiving the family court's confirmation.
• Judicial divorce: the person who filed the suit reports, and the other party may also report.
• If a party is foreign, write their name, nationality and alien registration number on the form.

Where to report

• Confirmation for divorce by agreement: the family court with jurisdiction over the registration base or the address. If not residing in Korea, the Seoul Family Court.
• Divorce report: the city, district, eup, myeon or dong office of the registration base of the person concerned or the address or current location of the reporter. A report concerning a foreigner can be made at the foreigner's place of residence or the address or current location of the reporter.
• A judicial divorce is claimed by one spouse at the family court.

What to prepare

• Divorce report form: details of the parties and of their parents and adoptive parents, and the person with parental authority if determined.
• Divorce by agreement: the family court's confirmation copy of the intention to divorce. When attached, the joint signature of 2 witnesses required by the Civil Act is deemed given.
• If there is a child to raise, submit at the confirmation an agreement on child custody and parental authority or the family court's decision.
• Judicial divorce: a copy of the judgment and a certificate of finality, with the date of finality written on the form.

Cost

• Check any costs for the confirmation application and the divorce report with the competent family court and city, district, eup, myeon or dong office.
• A person who objects to a fine may file an objection with the head of the city, eup or myeon within 30 days.

Procedure

• For a divorce by agreement, first apply to the family court for confirmation of the intention to divorce and receive the divorce guidance.
• Receive the confirmation after the waiting period (3 months with a child, 1 month without). In urgent circumstances such as violence, the family court may shorten or waive the period.
• Within 3 months of receiving the confirmation copy, report the divorce to the city, district, eup, myeon or dong office with the copy attached.
• A judicial divorce is reported within 1 month of the date the judgment becomes final, with a copy of the judgment and a certificate of finality.

Common sticking points

• A divorce by agreement is not complete with the court confirmation alone. If it is not reported within 3 months, the confirmation loses effect.
• The right to claim division of property expires 2 years after the date of divorce.
• A foreign spouse who maintained a normal married life with a Korean national and whose marriage ended for reasons not attributable to them, such as the death or disappearance of the Korean spouse, may be eligible for F-6-3. If staying as a marriage migrant (F-6-1), this is handled as an extension of the period of stay; with any other status, as a change of status. The permitted stay is 1 year (Immigration Stay Manual).
• Even if F-6-3 does not apply, a person whose stay in Korea is unavoidable for property division or settling family affairs may be eligible for a visiting and joining family (F-1) stay permit within a range of 6 months (same manual).

This guide is general information and does not assess any individual case. Laws and fees can change, so check the original text via the official links and with the competent office.