Jin & Kim, PLC | Legal Blog

Short AnswerPossibly. Whether a Korean divorce judgment can be recognized or enforced abroad is governed by the law of the country where you seek to use the judgment, not by Korean law alone.It is also important to distinguish between recognition of the divorce itself and enforcement of the obligations contained in the judgment. A foreign country may recognize that the parties are legally divorc..

Short AnswerYes, in many cases. However, the answer depends on which type of divorce you are pursuing.In Korea, the procedure differs significantly between:Mutual-consent divorce (협의이혼), andContested divorce through the Family Court (재판상 이혼).For many overseas clients, substantial parts of the process can be completed without traveling to Korea. However, a completely "no-travel" divorce cannot be..

Short AnswerHidden assets are not necessarily excluded from property division solely because they are located overseas or held under another person's name. The key questions are whether the asset is sufficiently connected to the marital estate, whether one spouse substantially controls or benefits from it, and whether its existence and value can be established through reliable evidence.In intern..

Short AnswerYes. Where a child has been wrongfully removed to or retained in Korea, the person whose custody rights were breached may file a return petition with the Seoul Family Court under the Hague Convention on the Civil Aspects of International Child Abduction and Korea’s implementing legislation.The Seoul Family Court has exclusive jurisdiction over Hague Convention child-return proceeding..

Short AnswerGenerally, yes. Overseas assets may be considered in a Korean divorce when determining property division. The fact that property is located outside Korea does not automatically exclude it from the marital estate.The key issues are whether the asset forms part of the parties’ substantive marital property, whether its existence and value can be proven, and whether any resulting order c..

Short AnswerYes. A foreign divorce judgment may be recognized in Korea if it satisfies the statutory requirements under Article 217 of the Korean Civil Procedure Act.Recognition is not granted merely because a foreign court issued a divorce decree. Instead, Korean authorities examine whether the statutory requirements for recognition have been satisfied before giving legal effect to the foreign ..

Short AnswerYes. Under Korean law, hidden or undisclosed assets may still be taken into account in property division (재산분할) if they are found to form part of the parties' marital property.Korean law does not adopt the broad U.S.-style discovery process. Instead, Korean courts rely on procedural mechanisms provided under the Korean Civil Act and the Family Litigation Act, including court-ordered ..

Short AnswerIn Korea, property division (재산분할) is based on each spouse’s contribution and overall fairness, rather than strict legal ownership.This means that even if assets are held in one spouse’s name, title is not determinative of how assets may be allocated in property division.In addition, property acquired before marriage or individually may still be considered where the other spouse cont..

Short AnswerIf visitation is refused, you may enforce your visitation rights (면접교섭권) through the Korean Family Court.However, enforcement is not immediate. In practice, court procedures take time, and visitation is implemented gradually based on the best interests of the child.Do Foreign Parents Have Visitation Rights in Korea?Yes. Under Korean law, a non-custodial parent—including foreign paren..

Short AnswerYes. 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.When Do Korean Courts Have Jurisdiction?Korean courts may exercise jurisdiction where ..