Question 1

When we got married we put the house bought into our joint names. Do I need to divide this property as well?

Accepted Answer

Even if the property is in joint names, in the case of property gifted to one spouseAs it is a unique property, in principle it is not subject to property division.However, if it is recognized that it has contributed to the increase and maintenance of the above property value,It is included in the property division and is divided according to contribution.That is, depending on the duration of the marriage or the degree of contribution to the formation of property maintenance.The court's judgment determines whether property is to be divided or not and the division ratio is determined.Therefore, even if the property is jointly owned, the marriage period is short and must be financed with the other spouse's money.In the case of one property, it may not be included in the division at all, and if the marriage period is long,The division ratio may be set lower by taking into account the fact that one spouse received a gift while being included in the division.This is a procedure in accordance with Korean law.For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 2

Is a negotiated divorce agreement effective?

Accepted Answer

Many people wonder whether a divorce agreement is effective. Before or at the time of divorce, agreements are often written regarding property, custody, child support, and alimony. Is there really a powerful effect that cannot be reversed? Many people are curious about the effect of this agreement when going through a divorce by agreement or consent.We will give you an easy-to-understand answer.“How much will I give you when you divorce!” or “I will let you raise your children!” Let's assume there is a simple agreement such as.What happens if you feel that the above agreement is not appropriate during a divorce?If the other party is dissatisfied with the agreement and proceeds with a lawsuit, this agreement will only be used as evidence in the lawsuit and is unlikely to have any strong effect in itself.For example, let's say you wrote an agreement to your wife saying, "If you divorce me, I will give you 1 billion won!"At first, my wife had no complaints about this, but after consulting with her here and there, there was a possibility that she could receive 1.3 billion won.At this time, if her wife files for divorce, she can receive 1.3 billion, despite the existence of her agreement.This is because the court does not recognize the validity of a property division agreement based on an agreed divorce.Please keep in mind that if a divorce is agreed upon, the same applies even if it is notarized.In case of divorce by agreement after writing an agreementWhat happens if a divorce agreement is written and a divorce is agreed upon or divorced by agreement?In this case, you can request implementation based on the agreement. Divorce property, child custody, etc.However, even if the other party has completed the divorce by agreement, he or she can file a lawsuit because he or she does not like the contents of the agreement.In the case of property issues, a property division lawsuit can be filed within two years after divorce, and custody or child support can also be requested to be changed for any reason.The most frequently asked question is property issues.This is a case where the divorce was completed amicably, but the assets I received were too small.There are quite a few cases where a husband or wife hid their assets and divorced without knowing the exact size of their assets.In this case, you can file a divorce property division lawsuit if it has been within two years of your divorce.The court closely examines the other party's assets through fact-finding and makes an appropriate division of assets.Please note that a lawsuit can proceed regardless of the existence of a divorce agreement.Divorce property division agreementIf the husband and wife have the same intention to divorce and there are no differences of opinion on alimony, property division, or custody, there is a much more certain divorce method than divorce by agreement.This is “mediation divorce.”We experience many cases while providing divorce litigation counseling.Of course, there are many cases where the two parties do not get along very well and have difficulty drafting a divorce agreement.However, surprisingly, there are many clients who do not have any differences of opinion regarding divorce and just want to settle it. In this case, we recommend mediation divorce without any hesitation. In a mediated divorce, the court confirms the contents of the free divorce agreement between the parties and makes a decision.Once the mediation decision is made, you will receive a mediation report.In this case, it is very difficult to overturn the agreement through a later lawsuit, especially when it comes to division of property.In particular, in the case of mediated divorce, the period it takes for divorce is generally shorter than that of divorce by agreement.Additionally, if you hire a lawyer to handle your divorce through mediation, you will not need to attend court. In the case of divorce by agreement, the parties must appear in court.This is a procedure in accordance with Korean law.For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 3

I wrote a memorandum to give up my property. Can I get property division?

Accepted Answer

Yes! According to the Supreme Court precedent, giving up the right to claim property division that has not been specified through agreement or judgment before the marriage is dissolved is not allowed due to its nature.A memorandum saying 'I will give up the right to claim property division' before divorce The Supreme Court's ruling is that if written, it is invalid because it constitutes a 'prior waiver of the right to claim property division' rather than an 'agreement to waive property division.'However, if a party who has not yet divorced writes in writing waiving the right to claim property division on the premise of agreeing to divorce by negotiation in the future, property division is intended to liquidate and distribute all joint property formed through the cooperation of both spouses.It is believed that the effect may be recognized as an exception if there are circumstances such as that one party of the couple has given up its right to claim property division as a result of discussions on the amount of property subject to it, the contribution of both parties to it, the method of dividing the property, etc.That is, In principle, a memorandum of waiver of property division is invalid as a prior waiver of the right to claim property division, but in some cases it may be effective in exceptional cases, so it is recommended that you consult with a lawyer regarding its effect.The above is This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 4

My family paid off my husband's debt. Can I receive this when dividing property?

Accepted Answer

Although the expression ‘family’ is a bit ambiguous, let’s take it as an example and look at the person’s biological father.When my father paid off my husband's debt, did he pay the debt with the intention of gifting cash?It is important whether the loan was made with the intention of receiving it back later.What if the debt was paid off with the intention of making a gift?It seems difficult to get it back or to include it in the property subject to division that must be considered when dividing property.On the other hand, what if the loan was made with a small loan amount, and the husband's debt was due to daily household chores?The debt for this will also have to be divided according to the property division ratio.In the end, it appears that the father will be able to receive the husband's portion of the debt from the husband.On the other hand, her father paid off her husband's debt with the intention of lending.What if the husband's debt was a personal debt (for example, business operating funds, etc.) that had nothing to do with the couple's joint life?It appears that the biological father can receive the full amount back from her husband regardless of whether the couple's assets are divided.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Korean Law Guide- Divorce- Division of property

Korean Law Guide Recommended Guide