[Legal Tips From Korean Lawyers] Legal terms related to divorce
Divorce by agreement, Judicial divorce (Concillation divorce / Litigation divorce)
There are two main ways to divorce: Divorce by agreement and judicial divorce. If the spouses agree on divorcing, they may divorce by agreement; while if they are unable to agree, the party seeking to divorce may bring action for divorce requesting a court judgment.
Unlike litigation, conciliation is a system to hear out the parties to the conciliation in an informal setting and amicably resolve the issue in consideration of various circumstances by mutual compromise and concession. The Republic of Korea has a system of prerequisite conciliation where the conciliation process is undertaken ahead of an action for divorce.
사실혼 De facto marriage
유책배우자 Spouse at fault
According to judicial precedent, the spouse mainly at fault for the breakdown of the marriage (hereinafter “spouse at fault”) may not, in principle, seek divorce on the grounds of such a breakdown. It is fundamentally opposed to morality for the person who broke down the marriage to seek divorce, and it may constitute a unilateral divorce by one spouse or an ejection divorce.
위자료 Consolation money / Alimony
재산분할 Division of Property / Property division
Consolation money is the payment of damages for the liability of the spouse who caused the marriage to break down, while the division of property is a contribution-based repayment for property the spouses amassed jointly during marriage. Therefore, consolation money and division of property are separate liabilities subject to separate claims.
면접교섭권 Visitation right
A parent who does not directly foster a child after divorce and the child has the mutual right of visitation
How to compel the performance of visitation obligations
If the other party fails without just cause to perform the obligation to allow visitation, the implementation of such obligation may be requested to the family court (Article 64 of the Family Litigation Act).
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