Can Foreigners Get Divorced in Korea?

Short Answer

Yes. Foreigners can get divorced in Korea if certain jurisdictional requirements are met.

In practice, Korean courts often have jurisdiction where one spouse has habitual residence in Korea. However, even if the case is handled in Korea, the applicable law governing the divorce may not be Korean law.

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When Do Korean Courts Have Jurisdiction?

Korean courts may exercise jurisdiction where the case has a substantial connection to Korea.

This typically includes situations where:

• One spouse has habitual residence in Korea
• The marital relationship is closely connected to Korea
• The case falls within jurisdiction under Korean private international law

In cities such as Busan, where many foreign residents live and work, jurisdiction is often recognized based on residence alone, but this is assessed on a case-by-case basis.

Importantly, jurisdiction is not determined solely by the parties’ agreement.
Even if both spouses wish to proceed in Korea, the court will independently assess jurisdiction under applicable law.

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Which Law Applies to the Divorce? (Governing Law)

Jurisdiction and governing law are separate issues.

Even when a Korean court hears the case, the divorce may be governed by:

• The spouses’ common nationality law
• Their common habitual residence law
• Or the law of the country most closely connected to the marriage

In certain cases, if one spouse is a Korean national with habitual residence in Korea, Korean law may apply.

This distinction is critical in international divorce cases, as it can significantly affect the outcome.

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Types of Divorce in Korea

1. Divorce by Agreement (협의이혼)

• Requires mutual consent
• Must be confirmed by the Korean Family Court
• Subject to a mandatory waiting period

In practice, many couples attempt to resolve key issues (such as children and finances) in advance, although full agreement on all matters is not always strictly required at the outset.

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2. Judicial Divorce (재판상 이혼)

• Filed when there is no agreement between the parties
• Requires legally recognized grounds (e.g., fault-based reasons)
• Involves formal court proceedings

In many cross-border disputes, judicial divorce is the more common route.

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Key Issues in International Divorce Cases

Property Division (재산분할)

Property division in Korea is based on each spouse’s contribution to marital assets.

This may include:

• Real estate
• Bank accounts
• Retirement benefits
• Other jointly accumulated assets

Title ownership alone does not determine how assets will be divided.
Instead, courts consider the actual contribution and overall circumstances.

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Child-Related Issues (Custody & Visitation)

If children are involved, the court will determine:

• Custody (양육권)
• Visitation rights (면접교섭권)
• Child support (양육비)

The overriding standard is the best interests of the child.

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Cross-Border Complications

International divorce cases often involve:

• Assets located in multiple countries
• One spouse residing outside Korea
• Issues of enforcement of judgments abroad

These factors can significantly affect both strategy and outcome.

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Practical Considerations for Foreign Clients

If you are a foreign national considering divorce in Korea:

• Do not assume jurisdiction automatically applies
• Confirm which law will govern your case
• Identify where key assets are located
• Consider enforcement in other countries
• Seek legal advice before initiating proceedings

For foreign residents in Busan and other major cities in Korea, handling the matter locally may offer practical advantages, but requires proper legal structuring.

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Conclusion

Foreigners can get divorced in Korea, but the process involves both jurisdictional analysis and governing law determination.

Because international divorce cases often involve multiple legal systems, cross-border assets, and enforcement issues, early legal assessment is essential to avoid costly mistakes.

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