

Q
I got divorced first without any agreement on divorce consolation money or division of property. I am already divorced, but is a lawsuit possible?
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Hello. Due to differences in personality with my husband, I recently went through a divorce by agreement. However, I do not know why, but in the course of the divorce, I ended up getting divorced without reaching an agreement on divorce consolation money or division of property. Even when I am already divorced, is a lawsuit regarding divorce consolation money and division of property possible?
divorce consolation money
divorce division of property
Answer to Related Inquiry
Author: 김국일
Yes, a claim for divorce consolation money or division of property is possible even after divorce.
First, a claim for divorce consolation money must be filed within 3 years from the date of divorce, and if this period is exceeded, the right to claim is extinguished.
On the other hand, a claim for division of property can no longer be made once 2 years have passed from the date of divorce, so a suit must be filed within that period.
However, in the case of a divorce by agreement, it often happens that the parties agree on the divorce itself but pass over the divorce consolation money or division of property without separately determining them.
As such, where there was no agreement on consolation money or division of property at the time of the divorce by agreement, a separate claim must be made within a certain period after the divorce.
Ultimately, if you divorced by agreement and the related property has not been settled, you can have your rights legally recognized only if you claim consolation money within 3 years and division of property within 2 years.
If you miss this period, the claim itself becomes impossible, so caution is needed.

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