How does a divorce by agreement work in Korea if one spouse is foreign?

When your husband or wife holds Korean citizenship and is based here, Korean law normally applies, and that law lets a couple split up by mutual consent with no lawsuit. You both apply to the family court, attend a guidance session, wait one month (three months if you have a child to raise), appear before a judge on the confirmation date, and then report the divorce to the registration office. The marriage ends only when that report is accepted. As the foreign spouse, the key risks are signing papers you cannot read, missing a date because you were abroad, and assuming your home country will record the divorce automatically.

Is a divorce by agreement open to us?

Under the conflict rules in the Private International Act (국제사법), a Korean citizen spouse whose everyday life is centred here brings the whole divorce under Korean law. The Civil Act (민법) then offers the consensual route (협의이혼).

If neither of you is Korean, the answer depends on which law applies under the order the Act sets: your shared nationality first, then your shared place of residence. Some countries do not allow a divorce by simple agreement at all. In that situation, ask the family court before you apply whether it can confirm your divorce, and ask your embassy whether a Korean confirmation would be accepted at home.

What are the steps, one by one?

1. Apply together. Both spouses go to the family court (가정법원) or its branch and hand in the application to confirm your intention to divorce (협의이혼의사확인신청서), with ID and the family relation certificates the court asks for. Your alien registration card (외국인등록증) and passport serve as your ID.
2. Attend the guidance session (이혼 안내). The court explains the consequences of divorce. It may also recommend that you see a professional counselor.
3. Wait out the reflection period (숙려기간). It runs from the day you received the guidance, not from the day you applied.
4. Hand in the child papers, if you have a minor child. This means a written agreement on who raises the child, child support, visits and parental authority, or a family court decision on those points.
5. Appear on the confirmation date. The judge asks each of you, in person, whether you really want to divorce and checks the child arrangements.
6. Report the divorce. Take the certified copy of the confirmation to a registration office within the deadline set by the Family Relationship Registration Act (가족관계의 등록 등에 관한 법률). If nobody reports it in time, the confirmation loses its effect and you are still married.

How long is the wait?

Family situation	Waiting period, counted from the guidance date
No children who still need raising	1 month
A child under adult age, or a baby on the way	3 months
Abuse or a similar emergency	Can be cut short or skipped by the court

To ask for a shorter period, explain the reason in writing and attach what supports it, such as a police record or a medical note.

Do I have to come in person, and what if my Korean is weak?

Plan to attend in person. The confirmation is about each spouse's own will, so in practice the court does not let a lawyer or relative stand in for you on that date. If either of you does not appear on the confirmation dates, the application usually lapses and you would have to start again. A spouse living abroad may in some cases apply through a Korean embassy or consulate, but the rules for that differ, so ask the court how it applies to you before you book a flight out.

Language is the point foreign spouses most often underestimate. The judge must be satisfied that you understand what you are agreeing to. Tell the court clerk early that you need language help, and ask whether you may bring an interpreter. Do not let your spouse or your spouse's family translate for you, and do not sign any agreement that has not been explained to you in a language you read well.

What should be settled before the confirmation date?

The judge reviews the arrangements for the children, and the support figure you agreed goes into a court record that can later be used to collect it. Savings, the housing deposit and debts are not reviewed at all. Those points still matter:

• Property division. Either spouse may claim a share of what you built together. If you cannot agree, the family court decides. The claim ends 2 years after the divorce, so a spouse who moves home and waits too long loses it.
• Written terms. Put any promise about money in a signed document in both languages, and ask how to make it enforceable before you rely on it.
• Parental authority. It is decided separately from who raises the child. Read that line of the agreement carefully.

What happens after the divorce is reported?

Your Korean records now show the divorce, but nothing changes in your home country until you report it there. Ask the registration office for a Korean marriage certificate showing the divorce, then have it translated and legalised according to your embassy's instructions.

Your residence status is the other thing to plan. A divorce by agreement leaves no written finding about why the marriage broke down, and that can weaken a later application to stay. Check this before you sign, not afterwards.

Can either of us stop the process?

Yes. Until the confirmation, either spouse can simply decline to go ahead. Even after the confirmation, the divorce takes effect only when it is reported, and the registration rules let a spouse who has changed their mind lodge a withdrawal before the report is filed. If you feel pressured, say so to the judge.

Next step

Before you apply, bring your marriage records, your card's expiry date and a draft of any agreement on children or money, and we will review them together. Consultations are paid; when you contact us, a staff member will call you back and explain the fee.

법무법인 대한중앙
1533-7377

Rules applied

Civil Act (민법) Article 834 (divorce by agreement), Article 836(1) (effective on report after family court confirmation), Article 836-2(1) to (5) (guidance, 1-month and 3-month periods, shortening or waiver, parenting and parental authority papers, child support record), Article 837(1) and (2) (contents of the parenting agreement), Article 839-2 (property division; 2-year limit), Article 909(4) (parental authority chosen on divorce). Private International Act (국제사법) Article 64 and Article 66 (law governing divorce; Korean law where one spouse is a Korean national habitually resident in Korea). Family Litigation Act (가사소송법) Article 41 (enforceability, applied to the child support record).

This is general information, not legal advice. Every case is different.