The jurisdiction of The Court for Mutual Agreement Divorce in Korea
Bo-ram Kim Managing Partner
Request a consultationIn Korea, couples wishing to proceed with a divorce by mutual agreement must first confirm the jurisdiction of the court where they will submit their application for confirmation of intent to divorce by mutual agreement.
1. Laws and regulations related to the court with jurisdiction over divorce in Korea
The court with jurisdiction to receive an application for confirmation of intent to divorce by mutual agreement is stipulated in Article 75 of the [ACT ON REGISTRATION OF FAMILY RELATIONS] as follows:
"Where a person intends to divorce by agreement, he or she shall file a report with confirmation of the Family Court having jurisdiction over the person's place of registration or address: Provided, That where the person does not reside in the State, such confirmation shall be made at the Seoul Family Court."
2. The place of registration
The "place of registration" referred to in the law means one's "Original Domicile" which can be confirmed on the family relation certificate(가족관계증명서).
3. The family court with jurisdiction over one's address
The family courts located nationwide are as follows:
① Seoul Family Court
Address: (06749) 193 Gangnam-daero, Seocho-gu, Seoul
Phone: 02-2055-7114
② Suwon Family Court
Address: (16703) 67, Maeyeong-ro 345beon-gil, Yeongtong-gu, Suwon-si, Gyeonggi-do
Phone: 031-679-1114
③ Daejeon Family Court
Address: (35239) 69, Dunsan-jungang-ro, Seo-gu, Daejeon (Dunsan-dong 1400)
Phone: 042-480-2000
④ Daegu Family Court
Address: (42635) 30, Jangsan-namro, Dalseo-gu, Daegu
Phone: 053-570-1500
⑤ Busan Family Court
Address: (47510) 31, Beobwon-ro, Yeonje-gu, Busan
Phone: 051-590-1114
⑥ Ulsan Family Court
Address: (44643) 10th floor, Ulsan Court Building, 55 Beobdae-ro, Nam-gu, Ulsan (Okdong 1415)
Phone: 052-216-8000
⑦ Gwangju Family Court
Address: (61946) 85, Sangmu-beongyeong-ro, Seo-gu, Gwangju (Chipyeong-dong 1205-3)
Phone: 062-608-1200
4. Other Helpful Information
Here are some additional points that could be helpful for foreigners seeking a mutual agreement divorce in Korea:
① Language assistance: Some family courts offer interpretation services for foreigners who are not fluent in Korean. It's advisable to check with the court in advance if such services are needed.
② Recognition abroad: Foreigners should consider whether a Korean divorce will be recognized in their home country. It may be advisable to consult with a lawyer in your home country as well.
③ Visa implications: For foreigners on marriage-based visas, divorce can affect your visa status. It's important to check with immigration authorities about potential visa changes.
④ Property division: You should consider how Korean courts will handle the division of family assets.
The Complete Guide to Divorce Litigation in Korea
⑤ Cooling-off period: There is a mandatory 3-month cooling-off period for couples with minor children. Foreigners should factor this into their plans.
(1 month for couple with no child)
⑥ Legal representation: While not required for mutual agreement divorce, foreigners may find it helpful to hire a bilingual lawyer to navigate the Korean legal system.
5. Frequently Asked Questions
Q&A 1. If the spouses have different addresses, which court has jurisdiction over their divorce by mutual agreement?
You can submit the application for confirmation at whichever court is more convenient among the courts with jurisdiction over the respective addresses.
Q&A 2. If the place of registered domicile and address differ, which court has jurisdiction?
You can submit the application at whichever court is more convenient among the two.
Q&A 3. If neither spouse resides in South Korea, which court has jurisdiction?
If neither spouse resides in South Korea, the Seoul Family Court has jurisdiction.
6. Which divorce attorney in Korea should you consult with?
The attorney that other lawyers trust to handle their own divorce cases.
The attorney that opposing lawyers refer their own familys to.
This is what Law Office Haeon is.
1) The Lawyers' Family Law attorney – Haeon
The fact that lawyers in Korea entrust their own or their family’s cases to Haeon is proof of our expertise. Even lawyers with no prior personal connection often come to us based on our established reputation within the legal community. We are the lawyers' family law attorney.
2) All Our Attorneys are Seasoned Professionals
Haeon's family law team consists entirely of senior attorneys who passed the bar exam between 2010-2012 and have years of experience practicing family law. This ensures our attorneys have the necessary expertise.
3) In-House CPA for Sophisticated Asset Valuation
Properly valuing a spouse's business interests is crucial in property division cases. However, only a handful of major law offices in Korea have in-house CPAs specializing in business valuation and forensic accounting - services that can cost millions or even tens of millions of won when retained separately.
Haeon has a consulting CPA who previously worked at a top-3 conglomerate of Korea and KPMG Accounting Firm. Our CPA partner provides sophisticated valuation, fraud investigation and transaction advisory services at a reasonable cost to protect our clients' interests.
4) English Interpreter Ready
At Haeon, we have an in-house interpreter who previously served as an English interpreter for the ROK Army and U.S. Army, working alongside them on joint operations. Even if your Korean language skills are limited, making it difficult to fully explain your situation, our interpreter ensures you can communicate seamlessly during your consultation. We bridge the language gap so you can get the legal guidance you need.
In times of crisis, everyone claims to be the best. But the truly superior attorney proves it through results. Haeon has the sophisticated expertise to deliver what you need.
