Divorce by Agreement Procedure

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1. 1Application for confirmation of intention to divorce by agreement
2. 2Divorce guidance and counseling recommendation
3. 3Reflection period
4. 4Confirmation date
5. 5Issuance of the confirmation
6. 6Divorce report

• Basic step
• Additional action / option
• Rejection / objection
• End of procedure

Time required

From the date of the court's guidance, through the reflection period (3 months with children, 1 month without), until the confirmation date

Cost

Certificate issuance fees and service fee (check the service fee amount with the family court where you file)

Procedure guide

Read from start to finish in order. Red text marks deadlines set by law.

1. 1

   If the spouses have agreed on the divorce and on child-rearing, both of them go together to the family court for their place of family registration or address and submit an application for confirmation of intention to divorce by agreement. A family relation certificate and a marriage relation certificate are needed. If you have a minor child, you also submit an agreement on child-rearing matters stating parental authority, the custodial parent, child support and visitation (how the other parent will see the child) (Family Relationship Registration Act §75(1)). This agreement leads to the child support record on the confirmation date, so write it in specific terms.

2. 2

   On the day you apply, you receive guidance from the court about the divorce process. If needed, you are advised to receive counseling from a professional counselor, and if you have a minor child, you also receive guidance on raising the child (Civil Act §836-2(1)). The day you receive this guidance is the starting point for counting the reflection period.

3. 3

   The reflection period (a period to think it over again) starts from the day you receive the guidance. It is 3 months if you have a minor child (including a child in the womb), and 1 month if you do not (Civil Act §836-2(2)(3)). Only after this period passes is the next step, the confirmation date, held.

4. 4

   On the confirmation date, the spouses again go to court together and have their intention to divorce and their child-rearing agreement confirmed. The child support record made at this time becomes an enforceable title, just like a family court adjudication setting child support (Civil Act §836-2(5), applying Family Litigation Act §41 mutatis mutandis). So if the other parent does not pay child support, you can use compulsory execution without a separate lawsuit, and if payments are missed 2 or more times without a good reason, you can also apply for a direct payment order (a way to receive it straight from the other parent's salary) (Family Litigation Act §63-2).

5. 5

   When the confirmation is complete, you receive a certified copy of the confirmation of intention to divorce by agreement. However, receiving this confirmation does not mean you are divorced yet. This is because the divorce takes effect only when the divorce report is filed.

6. 6

   The divorce takes effect only when you file a divorce report at the city, district, town or township office within 3 months from the date you receive the confirmation (Family Relationship Registration Act §75(2)(3)). After 3 months, the confirmation loses its effect, so you must apply again from the beginning.

   Current step
7. 7

   The divorce-by-agreement procedure does not confirm property division or consolation money. You need to write a separate agreement, and if you cannot agree, you must file for a property division adjudication with the family court within 2 years after the divorce. Once this period passes, you can no longer claim property division.

   Current step

Frequently asked questions

Practical questions that come up right away in this procedure.

QWhich court do we go to, and do we both have to go together?

Yes, you must go together. Both spouses must appear together at the family court for the place of family registration or address, bringing ID and a seal (stamp), and a lawyer or family member cannot go in your place. This is because the court checks each person's intention to divorce directly.If one spouse lives abroad, you can apply through a Korean diplomatic mission (the Korean embassy or consulate in that country). If one spouse is in prison, the intention to divorce is confirmed through the head of that prison.

QWhat documents do we need, and how much does it cost?

The basic documents are 1 copy each of each spouse's family relation certificate and marriage relation certificate, a resident registration certificate, ID and a seal (stamp). If you have a minor child, you submit an agreement on child-rearing matters prepared on the court form.The agreement states who has parental authority, who is the custodial parent, child support and visitation (how the other parent will see the child). The family court where you file can tell you the filing costs (service fee, etc.). The application form is available at the court's civil service office and on the Supreme Court e-litigation website.

QCan the reflection period be shortened?

Yes, it is possible. In urgent situations such as domestic violence, it may be hard to wait any longer. If you explain this with supporting materials (a medical certificate, a criminal complaint, etc.), the court may shorten or waive the reflection period.You submit a statement of reasons together with your application, and the court decides whether to accept it. That is why it is important to attach enough material to support your situation.

QWhat happens if one spouse does not appear on the confirmation date?

If someone misses it once, the court sets a new date. However, if a spouse fails to appear twice after receiving notice, the application is treated as withdrawn. You then have to start over.You also have to go through the reflection period again. So if you will have trouble keeping the date, it is best to contact the court in advance and ask to change the date.

QCan just one of us go to file the divorce report?

Yes, that is possible. After you receive a certified copy of the confirmation, either one of you can go to the city, district, town or township office and file the report.The divorce report must carry the signatures (seals) of both spouses. However, if the certified copy of the confirmation is attached, the signatures of 2 adult witnesses are treated as given.So you do not need to get separate witness signatures. Also, if the other spouse submits a withdrawal of the intention to divorce to the registration office before the report is filed, the report will not be accepted. So once you receive the confirmation, it is best to file the report without delay.

QHow are property division and consolation money (damages) decided?

These are not dealt with in the divorce-by-agreement procedure, so you must write a separate agreement. But with an ordinary written agreement, you cannot go straight to compulsory execution if the other party does not keep it.So if the amount is large, it is safer to have it made into a notarial deed at a notary office, or to go through family court mediation and get it recorded in a court record. If you cannot agree, you file for a property division adjudication within 2 years after the divorce.