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Understanding the Equitable Distribution Approach in Korean Divorces
Are you navigating a divorce in Korea and seeking insight into the property division process? Discover the importance of an experienced attorney in presenting your contributions and securing a fair outcome.
Korean Divorce Attorney’s letter
Divorce is part of the Family Law expert attorney’s area in Korea. If a marriage has come to a breakdown and the relationship has no chance to recover, the court grants a divorce, or you should get a divorce with the agreement(See the Article: Click). Of course and property division process follows. In the previous Korean divorce attorney’s letter, we explain Korean law on the division of property.
The Korean court follows an “equitable distribution approach”, you can get an equitable share according to your contribution to the property. A divorce attorney in Korea‘s main goal in the division of property is to argue and present how well you contribute to your spouse’s property in the form of tangible assets such as cash, or in the form of intangible assets such as housework and caring or any other forms of effort.
If you and your spouse have the same contribution and the same degrees of earning, then the equitable shares of each of you will be 50:50. When applying this approach, the courts consider such factors as the parties’ ages, occupations, period of marriage, why they came to a divorce, and their contribution to the property in proportion. The Korean Supreme court has affirmed that one spouse’s household labor must be considered when applying an equitable distribution approach. This means Even if you had no income during your marriage, you are considered to have contributed to the formation and maintenance of your spouse’s property if you raised children, household chores so that your spouse could work, or run a business. A divorce attorney in Korea will and shall set out well about this part. and the property will be divided into a certain portion by the Korean court.
In that case, the longer your marriage, the more your intangible efforts are recognized, the divorce attorney in Korea says, and if you raise your children until they reach adulthood, you may receive half of your spouse’s property. The court has a vast discretion to determine what property is divisible, and how it should be divided, based on the extent to which the parties contributed to the formation of any particular asset.
So divorce attorneys’ practice on the division of property is very important. As divorce attorneys in Korea who specialised in Family law, LEE&LEE’s attorneys know what the Korean Family court counts as a considerable factor and what not. One important fact, please note that “Who is at fault in the breakdown of a marriage?” is not take into account at all when it comes to a division of property. You can find interesting Korean courts’ decisions in divorce cases, especially about the division of property in our next article(See the next article, Case review- the division of property in Korea: Click)
To learn the Civil Act on Divorce
Go to the Korean law on division of property
Lee & Lee law office’s english speaking lawyers provide clients with the highest quality representation
SEOUL, Gangnam Office (Korea) | Kristen Y. LEE
2F, 27-6, 162 Gangnam-daero, Gangnam-gu, Seoul, Republic of Korea
