CONTENTS
- 1. How the Client Came to Seek the Gimhae Divorce Specialist Attorney
- - The Client Who Requested Assistance from the Gimhae Divorce Specialist Attorney
- - Laws Related to the Case Explained by the Gimhae Divorce Specialist Attorney
- 2. Assistance Provided by the Gimhae Divorce Specialist Attorney
- - The Gimhae Divorce Specialist Attorney's Arguments on the Division of Marital Property in Divorce
- 3. The Result of the Gimhae Divorce Specialist Attorney's Assistance: "Winning the Case"
1. How the Client Came to Seek the Gimhae Divorce Specialist Attorney
The client who consulted with the Gimhae divorce specialist attorney decided to divorce due to personality differences with her husband and, seeking the 🔗division of marital property in the amount she desired, requested assistance from the divorce specialist attorney at the Gimhae office.
The Client Who Requested Assistance from the Gimhae Divorce Specialist Attorney
This is the story of the client who entrusted her case to the Gimhae divorce specialist attorney.
The client had maintained her marriage for ten years, but she came to experience significant difficulty in her marriage due to continual conflict arising from personality differences.
In particular, she suffered a serious financial blow due to her spouse's financial irresponsibility and negligent attitude.
Unable to endure this any longer, the client decided to divorce and wished to receive the division of marital property in the amount she desired.
She therefore came to the Gimhae divorce specialist attorney and requested assistance.
Laws Related to the Case Explained by the Gimhae Divorce Specialist Attorney
Division of Marital Property in Divorce
▶ Civil Act Article 806 (Rescission of Engagement and Claim for Damages)
① One of the parties to a divorce by agreement may claim a division of property against the other party.
② If no agreement is reached on the division of property under paragraph 1, or if an agreement cannot be reached, the Family Court shall, upon the request of the parties, determine the amount and method of division, taking into account the amount of property acquired through the joint cooperation of both parties and other circumstances.
▶ Calculation of the Division of Property
(active assets - passive assets) x the contribution of one spouse to the formation of the property = the final amount of the division of property
▶ Checklist for a Divorce Property Division Lawsuit
1. Marital joint property : property increased and maintained through the joint cooperation and contribution of the spouses during the marriage
2. Claim for division of separate property : property owned by one spouse before the marriage, or property acquired during the marriage through inheritance, gift, or bequest, is not subject to division, but as an exception, where one spouse has contributed to its increase or maintenance, a claim for division of the increased portion is possible
3. Future income such as retirement benefits and pensions : retirement benefits and pensions already received, as well as the equivalent amount of retirement benefits expected to be received as of the close of argument in the trial on the merits
4. Debts : debts arising from the formation of joint property, such as purchasing a home or acquiring household goods by agreement between the spouses, and debts related to daily household affairs
5. Other : where one spouse has acquired the ability or qualification to earn a high future income with the help of the other spouse
6. Calculation of the division of property : (active assets - passive assets) x the contribution of one spouse to the formation of the property = the final amount of the division of property
2. Assistance Provided by the Gimhae Divorce Specialist Attorney
The Gimhae divorce specialist attorney held a consultation with the client and established a strategy that could work in her favor.
The attorney collected materials that could prove the cause of the breakdown of the marriage and the degree of contribution to the formation of the property.
The Gimhae Divorce Specialist Attorney's Arguments on the Division of Marital Property in Divorce
The Gimhae divorce specialist attorney comprehensively reviewed the duration of the marriage, occupation, income, and the degree of the household burden, and earnestly requested that the client's claims be granted in full, arguing as follows.
▶ Through steady economic activity after the marriage, the client's contribution to the formation of the property was not insignificant
▶ In addition to economic activity, the client's contribution to household work and child rearing was also substantial
▶ The other party's verbal abuse and irresponsible attitude toward the family were the cause of the breakdown of the marriage
3. The Result of the Gimhae Divorce Specialist Attorney's Assistance: "Winning the Case"
The court, accepting the Gimhae divorce specialist attorney's arguments, granted the divorce. It recognized the client's contribution at 60%, and the client succeeded in receiving the division of marital property in the amount she desired.
If You Need Assistance with a Divorce Property Division Lawsuit
The above case was an example of a client who, with the help of the Gimhae divorce specialist attorney, succeeded in obtaining a division of property worth hundreds of millions of won.
In order to avoid unfairly losing property in this way, it is necessary to receive the assistance of a specialist attorney and to assert an accurate degree of contribution.
At Daeryun Law Firm, 🔗divorce attorneys with an average of more than ten years of experience provide active assistance to clients with detailed strategies.
If you need assistance with a divorce property division lawsuit such as the one above, please feel free to request a consultation with the Gimhae divorce specialist attorney at Daeryun Law Firm at any time.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
