[Legal info] Divorce by agreement vs. Divorce by trial, what you need to know

When considering divorce in Korea, understanding the two main types—Divorce by Agreement and Divorce by Trial—is essential. Let’s explore the differences and processes for each to help you make informed decisions.


What Is Divorce by Agreement?

Divorce by Agreement occurs when both parties mutually agree to dissolve their marriage. This includes reaching a consensus on key issues such as:

  • The decision to divorce
  • Custody and support of minor children, if any
  • Separation of Marriage Property

Even if both spouses are in full agreement, Korean law mandates that the agreement be formalized through a written document and submitted to the court for approval. This step ensures that the divorce is legally binding.


What Happens When Agreement Fails?

If the spouses cannot reach a mutual agreement, they must resort to legal intervention. This process may involve:

  1. Filing a Petition for Divorce: Taking the case to court for a formal ruling.
  2. Applying for Mediation: Attempting to resolve disputes through the court’s mediation process before proceeding to trial.

In these situations, the court examines evidence, hears both sides, and determines the terms of the divorce, including custody and property division.


The Key Difference: Mutual Agreement

The primary distinction between the two types of divorce lies in whether both spouses agree to the divorce terms:

  • Divorce by Agreement: Requires mutual consent and a written agreement.
  • Divorce by Trial: Necessary when mutual agreement cannot be reached.

Why Legal Advice Matters

Even in cases of Divorce by Agreement, legal advice is highly recommended to ensure all aspects of the divorce are addressed comprehensively. Proper documentation, compliance with legal requirements, and understanding your rights can save time and avoid complications.

If you're facing a divorce and need guidance, professional assistance can make a significant difference.


Need Help?

Contact us today for advice tailored to your situation. We're here to help you. We provide all legal services in English by a Korean lawyer.


Contact Info: 

jaewon@lawyerseoul.com

whatsapp +82-10-9406-1207

Kakao Channel @lawyerseoul


www.lawyerseoul.com (click the image below to open the webpage of Jaewon Lee, esq.)


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