Divorce judgment received from a foreign court

Q. Divorce judgment received from a foreign court
I received a divorce judgment from a foreign court. Can I file for divorce with that ruling?

A. If the judgment of the foreign court satisfies the requirements stipulated in Article 218 of the Civil Procedure Act, an authentic copy or certified copy of the judgment, a certificate of judgment confirmation, and the defendant who lost the case have been legally served with the complaint, etc. (service by public notice or similar method) Excluding) Even if you have not been served, you can file a divorce report in Korea by attaching a written response to the lawsuit and a translation.

In the case of receiving a divorce judgment in a foreign court, the requirements of Article 217 of the Civil Procedure Act are met, that is,
① the foreign court's international jurisdiction is recognized under the principles of international jurisdiction under the laws or treaties of the Republic of Korea
② the losing defendant files the complaint or He or she must have received a written notice or order equivalent thereto in a legal manner with enough time for defense (excluding cases where service is by public notice or similar delivery) or responded to the lawsuit even if he or she had not been served
③ That Recognition of the effect of the judgment must meet the following requirements: that it does not conflict with the good morals or other social order of the Republic of Korea
④ that there is mutual guarantee

If the family relationship registration office receives a divorce report based on a foreign judgment and it is unclear whether the requirements of Article 217 of the Civil Procedure Act are met, an inquiry must be made to the supervisory court and the response must be received and processed
(Family Relationship Registration Regulations No. 173)

This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary.
Please chat or email for specific details.

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