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Divorce litigation procedures must be proceeded with caution, and the key issue of property division is

Media Global Epic
Date

2023-02-01

Views 1,294

신중히 진행해야 하는 이혼소송절차, 핵심인 재산분할의 쟁점

[Global Epic Reporter Hwang Seong-su] Although the couple is legally married, the marriage can be dissolved at any time through divorce. But the divorce process is not that simple.


Ideally, divorce should proceed smoothly with the agreement of both parties, but there are many issues that need to be resolved, such as alimony, custody, and property division, and conflict is inevitable due to differing opinions.


In particular, the issue of property division, where a couple divides property acquired jointly during marriage according to their contribution, is an important process that can determine the quality of life thereafter, so you must make sure to do your part by clearly proving your contribution.


Since property division is an economic issue, even if you live with your spouse, you must consider the possibility that the other spouse may have hidden some of his or her assets. Therefore, it is necessary to look at the couple's joint assets to ensure that the subject of property division is not omitted, and if the other party has hidden assets, it is a good idea to apply for preservation measures such as provisional seizure or injunction.


Assets subject to division include not only deposits, real estate, and automobiles, but also pensions, severance pay, and debts. Joint debts are shared, and if the debt arises due to one party's extravagance or gambling, the person who caused the debt is responsible. In addition, unique property owned before marriage or acquired through inheritance, gift, etc. is not included in the division of divorce property.


The ratio of property division varies depending on the level of contribution. In this case, the level of contribution does not necessarily include only direct income, and even if you are a full-time housewife who is not economically active, housework and participation in childcare can be recognized as contribution.


Yoo Ji-won, a lawyer at Daeryun Law Firm, advised, “Conflicts over the division of divorce property can lead to long court battles, and everything from newlywed divorce to divorce at twilight is subject to difficult and difficult divorce litigation procedures.” He added, “If you want to properly take care of your share in the division of divorce property, you need to seek legal assistance from a divorce lawyer and closely examine the case to develop a detailed litigation strategy.”


View full articleDivorce litigation procedures must be proceeded with caution, and the key issue of property division is

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