Legal Process of Divorce for Foreigners in Korea

Divorce is a sensitive yet significant legal process, especially for foreigners living in South Korea. Whether you're married to a Korean national or another foreigner, navigating the Korean legal system can be overwhelming without proper guidance. This blog post offers an overview of the divorce process in Korea for foreigners, addressing types of divorce, legal procedures, documentation, and the role of the Family Court.

Types of Divorce in Korea

In South Korea, there are two primary types of divorce:

  Mutual Consent Divorce (합의이혼 / Habi Ihon):

This is the most common and straightforward form. Both spouses agree to the divorce and file jointly at the Family Court. Foreigners are allowed to file for a consent divorce under Korean law, regardless of nationality, as long as both parties are present in Korea or have legal representation.

  Judicial Divorce (재판이혼 / Jaepan Ihon):

If mutual consent isn’t possible, one spouse must file a lawsuit in Family Court. Acceptable grounds include infidelity, abandonment, abuse, or irreconcilable differences. Judicial divorces can be more time-consuming and require legal representation, especially for non-Korean speakers.

Requirements for Mutual Consent Divorce

To file for mutual consent divorce in Korea:

Both spouses must appear at Family Court.

Submit a Divorce Agreement Form and Family Census Register (for Korean nationals).

Attend a mandatory divorce counseling session (especially when children are involved).

Wait a cooling-off period (usually 1–3 months).

Final court appearance for divorce confirmation.

Note: Korean courts may require translation of foreign documents and passports.

Divorce for International Couples or Foreigners

When one or both spouses are foreigners, the court may consider the laws of their home country if applicable, but Korean law is generally applied if the divorce is processed within Korea. Issues like child custody, property division, and spousal support will be adjudicated by Korean courts unless there is a valid international agreement.

What About Marriages Registered Abroad?

If you were married overseas but are residing in Korea, you may still file for divorce through the Korean court system. However, the marriage must first be registered with the local ward office or family registry. Without this step, the court may not process the divorce.

Custody and Child Support

In custody disputes, the Korean court prioritizes the child’s best interests. A custody agreement must be submitted during mutual divorce. If the divorce is judicial, the judge will determine custody and visitation rights. Foreign parents have the right to file for custody, and enforcement is typically carried out under Korean jurisdiction.

Child support calculations are based on the parents' income and living expenses. Foreigners must be ready to disclose financial records if requested by the court.

Property Division and Alimony

Korean courts divide marital property equitably, not necessarily equally. Foreigners may also claim alimony or a property settlement, depending on the length of marriage and each spouse’s contribution.

If you have joint bank accounts, real estate, or business assets, be sure to prepare supporting documents translated into Korean.

Legal Representation and Language Support

While it’s possible to file for divorce without a lawyer, hiring a family law attorney fluent in English and Korean is strongly recommended, especially for judicial divorce. Court proceedings are conducted in Korean, and interpretation services may not always be available.

Some embassies may offer assistance with document certification or translation services. Additionally, legal aid is sometimes available for low-income residents through the Korean Legal Aid Corporation (KLAC).

Visa Status After Divorce

If you're a foreigner on a dependent or F-6 (spouse) visa, your immigration status may be affected post-divorce. You must report the divorce to the Korean Immigration Service within 30 days. In some cases, you may apply for a visa extension or change your visa type, depending on your situation.

Divorce is never easy, especially in a foreign country. However, understanding the process, preparing required documents, and seeking professional guidance can ease the legal burden.

⚠️ Laws and policies related to divorce in Korea may change. It is highly recommended to consult with a licensed attorney or contact the Korean Family Court or Immigration Office for accurate and up-to-date advice.