Divorce by Conciliation

To obtain a judicial divorce, the conciliation procedure of the family court must be undergone.

This is called the 'principle of prior conciliation,' and even where a lawsuit is filed without the conciliation procedure, the court will refer the case to conciliation ex officio. (Article 50 of the "Family Litigation Act")

However, in the following situations, the conciliation procedure may be omitted and a lawsuit may be filed directly.

Divorce conciliation must be filed with the competent family court based on factors such as the parties’ addresses and last place of residence.

The court having jurisdiction over conciliation divorce is determined in the following order, in accordance with Articles 22 and 51 of the Family Litigation Act.

The main documents required to apply for a divorce by conciliation are as follows.

The family court does not make its determination based solely on the statements of the two parties, but conducts an individual fact-finding investigation through a family investigator into matters such as living circumstances, financial status, and the child's upbringing situation.

In addition, where necessary, the court may verify facts, including property, income, and the child's education, through external institutions such as banks and schools.

On the conciliation date, the parties or their representatives attend and coordinate whether to reach an agreement under the mediation of the conciliation committee.

If the party who applied for conciliation fails to attend the first date, a new date, or any subsequent date, the application for conciliation is deemed to have been withdrawn.

In addition, where the other party to the conciliation fails to attend, the court may issue a compulsory conciliation decision ex officio.

If, in the conciliation procedure, an agreement is reached between the parties on the divorce and ancillary issues (division of marital property, consolation money, custody, and the like), its content is recorded in the conciliation protocol, and the conciliation is established.

This conciliation protocol has the same effect as a judicial settlement, and the divorce is legally finalized (“Family Litigation Act” Article 59).

However, in the following cases, the establishment of conciliation may be difficult, and the court may issue a decision in lieu of conciliation or a decision recommending settlement.

If no objection is filed within 2 weeks from the date of service of such a decision, or if the objection is rejected or withdrawn, it takes effect in the same manner as conciliation.

If an objection is filed, the case proceeds to a divorce trial.

Once conciliation is established, the conciliation applicant must file a divorce report with the competent authority (a city or district office, an eup or myeon office, and the like) within one month from the date the conciliation is established.

When filing the report, the following documents must also be submitted.

The right to claim division of marital property is the right to receive a distribution of the joint property formed during the marriage according to the actual degree of contribution (Civil Act, Article 839-2).

During the conciliation process, it is important to clearly organize the following matters.

Where there is a minor child, designation of the holder of parental authority and the custodian is required.

If no agreement is reached, the family court designates them ex officio, giving the highest priority to the child's welfare.

The custodian is the person responsible for the child's daily life, and the holder of parental authority is the person with the rights and duties to manage the child's legal acts and property.

Usually the same person is designated, but in some cases the roles may be separated.

The following matters may also be arranged together.

Upon divorce, a claim for compensation for emotional harm may be made against the party responsible for the breakdown of the marriage, such as through a spouse's act of infidelity or violence, and this is referred to as the right to claim consolation money (Articles 806 and 843 of the Civil Act).

When claiming or defending against consolation money in the course of a conciliation divorce, the following points should be organized.

This firm has many specialist attorneys with an average of more than 10 years of experience, and it forms task forces of 1 to 20 members to take dedicated charge of cases.

Drawing on the experience accumulated through numerous divorce cases, it provides its utmost assistance so that the rights and interests of clients can be substantively protected.

It also provides comprehensive assistance through a system of collaboration with professionals such as evidence examination, accountants, and tax accountants.

If you need assistance regarding divorce by conciliation, please request a consultation with a divorce attorney.