Adjudication Procedure for Property Division, Change of Custodial Parent, etc. (Category Ma)

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1. 1Preparing the claim and checking jurisdiction
2. 2Application for mediation
3. 3Fact investigation and pre-trial disposition
4. 4Mediation date
5. 5Adjudication procedure and examination
6. 6Adjudication
7. 7Immediate appeal
8. 8Finality and enforcement

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

Time required

Varies by case and court (longer if it does not end in mediation and goes to adjudication)

Cost

Stamp fees (KRW 5,000 for an application for mediation; for adjudication, KRW 10,000 per child for visitation, change of custodial parent, etc.; for property division, calculated on the claimed amount) and service fee. Appraisal fees if property is appraised, and certificate issuance fees

Procedure guide

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

1. 1

   Property division, designation or change of the person with parental authority or the custodial parent, and visitation (seeing the child) are Category Ma family non-litigation cases involving another party. These cases are filed with the family court for the other party's address (Family Litigation Act §46). A property division adjudication must be filed within 2 years from the date of divorce, and after this period you can no longer file (Civil Act §839-2(3)). If you are not yet divorced, you do not file separately; you claim it together in the divorce mediation or lawsuit.

2. 2

   Category Ma cases must go through mediation (an agreement procedure) first (Family Litigation Act §50). Submit an application for mediation with a marriage relation certificate, the child's family relation certificate, income records for both sides and property records. These materials become the basis for setting amounts in mediation and adjudication. You pay a mediation stamp fee of KRW 5,000 and a service fee (postage). If the case moves to adjudication, you pay the difference after deducting what you paid for mediation, based on KRW 10,000 per child for visitation, change of custodial parent, etc., or for property division the stamp fee calculated on the claimed amount (Rules on Family Litigation Fees §3(1) and §6). Even if you file a petition for adjudication directly, the court sends the case to mediation on its own authority.

3. 3

   A family investigator looks into both sides' living conditions and the child's situation. The court checks the other party's income and property through property disclosure, property inquiry and orders to submit financial transaction information (Family Litigation Act §48-2). So even if the other party does not submit materials, you can check through the court. If there is an urgent situation before the adjudication is issued, you can separately apply for a pre-trial disposition seeking a temporary measure (§62).

4. 4

   On the mediation date, the parties agree before the mediation committee on the property division ratio, the custodial parent and the method of visitation. If an agreement is reached, the mediation record (the document recording the agreement) has the same effect as a final judgment, so check the terms carefully before signing. If the court makes a decision in lieu of mediation (a decision in which the court sets the terms instead of an agreement), you can file an objection within 2 weeks; if there is no objection, it becomes final as it is.

5. 5

   If mediation fails, the case moves to the adjudication procedure and the court examines (calls in and hears) the parties and persons concerned (Family Litigation Act §48). The law requires child-rearing matters to be decided taking into account the child's wishes and age, the parents' financial situation and so on (Civil Act §837(3)(4)), and property division to be decided taking into account the amount of property the couple built up together and other circumstances (§839-2(2)). Organize your arguments, with supporting materials, according to these standards.

6. 6

   The court sends a written adjudication setting the property subject to division and the ratio, the person with parental authority and the custodial parent, and the dates and method of visitation. If you find it hard to accept, file an immediate appeal within 14 days from the day you receive the written adjudication (§43). If neither side appeals, it becomes final, and from then on it can be enforced as written.

7. 7

   Once a property division adjudication becomes final, you collect through civil compulsory execution (attachment, etc.). If obligations such as visitation are not kept, you can apply for a performance order (§64), and if the performance order is violated, a fine of up to KRW 10,000,000 (§67) can be imposed. If you do not know the other party's property, first find it through the other enforcement procedures (property disclosure and property inquiry).

   Current step

Frequently asked questions

Practical questions that come up right away in this procedure.

QWhich court do I file with?

File with the family court for the place where the other party lives. In areas without a family court, the family division of the district court (branch court) handles the case. You can also file online on the Supreme Court e-litigation website, so you do not have to go to court in person.

QCan I skip mediation and go straight to adjudication?

No. Category Ma cases such as property division and visitation must go through mediation first. Even if you file a petition for adjudication directly, the court sends the case to mediation.However, if the other party does not appear for mediation or there is no chance of agreement, mediation is treated as failed. The case then moves to the adjudication procedure.

QHow much does it cost?

The stamp fee for an application for mediation is KRW 5,000. If the case moves to adjudication, claims such as visitation, change of custodial parent and parental authority cost KRW 10,000 per child.For property division, you pay half of the amount calculated with the civil litigation stamp formula based on the claimed amount. At that point, the stamp fee (court fee) paid for mediation is deducted and you pay only the difference.The service fee is the amount set by the court based on the number of parties, etc. If the value of real estate or a business is disputed in property division, that value must be assessed separately.So appraisal fees are charged separately. Certificate issuance fees are also extra.

QI divorced by agreement. Can I still seek property division?

Yes, you can. If you did not settle property in the divorce by agreement, you can file for a property division adjudication within 2 years from the date the divorce report was accepted. After 2 years you can no longer file, so check the dates first.

QThe adjudication was made, but what if the other party does not pay the property division amount?

With the final written adjudication, you can apply for compulsory execution (attachment, etc.) against the other party's property.If you do not know the other party's property, you must first find something to enforce against. So you use the other enforcement procedures (property disclosure and property inquiry).