Korean Divorce & Marital Separation Checklist

The following is a Korean divorce./marital separation checklist that may be useful for those negotiating a marital separation agreement in Korea. We highly recommend utilizing a marital separation agreement, as the standard Korean judgment doesn’t address specific issues that may arise in the future, including pension and social security, which are typically addressed in a marital separation agreement. For additional articles on Korean Family Law, please see: IPG Legal’s Family, Divorce & Custody Law Archive.

Korean Marital Separation Agreements &
Divorce Checklist

The average Korean lawyer who rarely handles divorces for foreigners is often unaware of the reality overseas and, therefore, often thinks that a cursory Korean court judgment is adequate. Often, the cursory court judgment in Korea is inadequate in waiving the rights to certain foreign vested benefits abroad. Thus, only hire an attorney in Korea who has significant experience with international divorces and who has drafted marital separation agreements.

Korea Divorce Checklist
(This checklist is not intended to be exhaustive)

• Children
  • Who has the power to determine: where the child goes to school, tutors, extracurricular activities, move abroad, which doctors, religion, which treatments, etc.?
  • Is there an ability for a non-custodial parent to take a child on vacations outside of Korea?
  • Can the child’s name be changed?
  • Custodial Parent?
  • Non-Custodial Parent:  Visitation vs. time sharing?
  • Non-Custodial Parent: Schedule for each week, including holidays, vacations, and school recesses?
  • How does the arrangement change if a parent relocates?
  • Child Support? Payment Method? Inflation Adjustment? Salary Adjustment?
  • Child Support until what age?
  • Responsibility for health insurance, medical expenses, school, and college?
  • Support Provider- life insurance?
• Spousal Support (Normally only property distribution and “consolation money”)
  • Spousal support/consolation money?
  • At-fault Money Judgement?
  • Pending Criminal Charges?
• Division of Property
  • Division of Property?
  • Cost of Division of Property?
  • Pensions, IRAs, and Social Security?
  • Life Insurance?
  • Vested Inheritance and Pensions?
  • Debt?
  • Legal Fees?

Sean Hayes is co-chair of the Korea Practice Team at IPG Legal. He is the only non-Korean to have worked as an attorney for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty.

If you would like a consultation with Sean Hayes from IPG Legal, please schedule a call at:  Schedule a Call with Attorney Sean Hayes.