Seongnam Divorce Litigation Attorney | Over Half of the Property Division Reduced After Seongnam Divorce Consultation

This is the story of the client who requested a Seongnam divorce consultation.

Because her husband did not engage in economic activity, the client had to cover the family's living expenses on her own.

On top of this, because of her children's tuition, the client had to work every day, at a company on weekdays and at a side job on weekends.

Despite the client's devotion, however, the husband pressed her for a divorce while demanding a division of marital property.

The amount the husband proposed was 100 million won, an entirely unreasonable figure.

When the client refused the husband's demand, the husband ultimately filed for divorce.

Having been sued for divorce unfairly, the client wished to defend against the property division as much as possible, and she requested assistance from the divorce litigation attorney at the Seongnam office.

■ Division of Marital Property in Divorce

Civil Act, Article 806 (Rescission of Engagement and Claim for Damages)

(1) One party 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 agreement is not possible, the Family Court shall, upon the request of a party, determine the amount and method of division, taking into account the amount of property acquired through the cooperation of both parties and other circumstances.

■ Calculating the Division of Marital Property

(active assets - passive assets) x one spouse's contribution to the formation of property = final amount of property division

■ What to Confirm in the Division of Marital Property in Divorce

Marital common property : property increased and maintained through the joint cooperation and contribution of the spouses during the marriage

Claim for division of separate property : property owned by one spouse before the marriage, or acquired during the marriage by inheritance, gift, or bequest, is not subject to division; however, as an exception, where one spouse has contributed to its increase or maintenance, a claim for division of the increased portion is possible

Future income such as severance pay and pensions : severance pay and pensions already received, as well as the amount of retirement benefits expected to be received as of the close of arguments in the fact-finding trial

Debt : debt arising from the formation of common property, such as acquiring a home or purchasing household goods by agreement of the spouses, and debt relating to daily household affairs

Other : where one spouse, with the help of the other, has acquired the ability or qualification to earn a high future income

During the marriage, the plaintiff engaged in almost no economic activity and lived on the client's money.

On this basis, we argued that the amount of property division claimed by the plaintiff had been set excessively high.

In the past, the plaintiff also lost all of the money the client had worked hard to earn through a failed business venture.

Because the client also covered the tuition for both children on her own, we argued that the plaintiff's contribution to the property was, at most, less than 30 percent.

The attorney who conducted the Seongnam divorce consultation argued that the client was willing to reach an amicable agreement and divorce promptly, provided that the plaintiff did not make excessive claims regarding the division of property.

The case above involved a client who requested assistance from a Seongnam divorce litigation attorney to defend against a divorce lawsuit brought by her husband, who had demanded an excessive division of property.

If you need the assistance of an experienced attorney for a divorce lawsuit such as this, you are welcome to request a consultation from the Seongnam divorce litigation attorney at Daeryun Law Firm at any time.