Understanding Matrimonial Property and Divorce in Korea: Korean Divorce Attorney’s Perspective
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Are you considering marriage or divorce in Korea? Learn about matrimonial property laws, prenuptial agreements, and property division from an expert Korean divorce attorney, and make informed decisions for your future.
Korean Divorce attorney’s Legal Insights
Getting married can be an option if you are in a serious relationship with your partner and considering entering a new chapter. Making a prenuptial agreement is not very popular in Korea, so you might wonder what will happen to the property you already have. You must understand matrimonial property under Korean law to make a property plan within a marriage.
Also, If you’re considering getting divorced in Korea, a Divorce lawyer in Korea will guide you on what will be addressed in the court and How.
First, Korean Civil Act Article 829, states:
Article 829 (Agreement and its Alteration on Matrimonial Property)
(1) If husband and wife have not, prior to the formation of marriage, entered into a contract which provides otherwise with respect to their property, their property relation shall be governed by the provision of each Article of this Sub-Section.
(2) If husband and wife have, prior to the formation of marriage, entered into a contract with respect to their property, such contract may not be altered during the marriage: Provided, That if there is a due reason to alter such contract, it may be altered upon approval of the court.
(3) If, where one spouse manages the property of the other in accordance with the contract referred to in paragraph (2), and such property is imperiled by mismanagement, the other spouse may claim to the court for permission of its own management. In this case, if such property is common property between husband and wife, the other spouse may claim to the court for the division of such property.
(4) If husband and wife have entered into a contract regarding their property, such contract may not be enforced against a successor in title of the husband or wife or a third party unless it is registered prior to the formation of their marriage.
(5) If the manager has been changed or a division of property in co-ownership has been effected in accordance with paragraphs (2) and (3) or by a contract, such change or division may not be enforced against a successor in title of the husband or wife or against a third party unless it has been registered.
If husband and wife have not, prior to the formation of marriage, entered into a contract which provides otherwise with respect to their property, their property relation shall be governed by the provision of each Article of the Civil Act. You have to be aware that if husband and wife have, prior to the formation of marriage, entered into a contract with respect to their property, such contract may not be altered during the marriage: Provided, that if there is a due reason to alter such contract, it may be altered upon approval of the court.
Then what about you have no contract between the two and don’t intend to have one in the future? A divorce attorney in Korea will guide you based on the law. Let’s check the Civil Act Article 830 :
Article 830 (Peculiar Property and Property of which Title is Uncertain)
(1) Inherent property belonging to either husband or wife from the time before the marriage and property acquired during the marriage in his or her own name shall constitute his or her peculiar property.
(2) Any property, of which title is uncertain between the husband and wife, shall be presumed to be in their co-ownership.
Inherent property belonging to either husband or wife from the time before the marriage and property acquired during the marriage in his or her name shall constitute his or her peculiar property. Also, any property, of which title is uncertain between the husband and wife, shall be presumed to be in their co-ownership. Any property received by a spouse by gift or inheritance during the marriage from a third party remains the non-marital property of that spouse unless gifted or titled to the other one.
What happens to the marital property if you get a divorce? When you get a divorce, you have to go through the property division process. In this process, the property division ratio may be determined by agreement between the couple, but if an agreement cannot be made, the court will comprehensively consider various factors such as the contribution to property formation. So the Article about the peculiar property is not all. As a divorce lawyer in Korea, I will guide you in more detail on how the property shall be divided in a divorce case.
To learn the Civil Act on Divorce
Go to the Korean court’s approach about Property Division in Divorce
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