ENGLISH

1. Husband and wife's intentions to divorce shall agree with each other;

2. Husband and wife shall retain their intentions to divorce when the notification of divorce is filed as well as when it is prepared (Supreme Court Decision, June 11, 1993, 93 Meu 171);

3. The agreement of the intentions to divorce requires clear mental capacity. Thus, an adult ward may divorce upon obtaining the consent of his/her parents or adult guardian (Articles 835 and 808 (2) of the Civil Act).

· Any person who intends to seek a divorce by agreement shall receive guidance on divorce provided by the Family Court and, if necessary, the Family Court may recommend be consulted by a professional counselor with expertise and experience (Article 836-2 (1) of the Civil Act).

· The party who filed an application for the confirmation of intention to divorce may receive the confirmation of intention to divorce after three months if he/she has any child to take care of, and one month if not applicable. The parties shall reach an agreement on fostering their children and designation of the person of parental authority or the Family Court shall adjudicate on the matters substituting for such agreement (Article 836-2 (2) and (4) of the Civil Act).

※ The Family Court may exempt the party from or reduce the mediation period, when there are such urgent circumstances to proceed with a divorce as the party's unbearable suffering may be expected due to domestic violence (Article 836-2 (3) of the Civil Act).

· Divorce by agreement shall take effect upon reporting in accordance with the Act on the Registration, etc. of Family Relationships after obtaining the confirmation of the Family Court (Article 836 (1) of the Civil Act).

1. If the other spouse has committed an act of unchastity;

2. If one spouse has been maliciously deserted by the other spouse;

3. If one spouse has been extremely maltreated by the other spouse or his or her lineal ascendants;

4. If one spouse's lineal ascendant has been extremely maltreated by the other spouse;

5. If the death or life of the other spouse has been unknown for three years;

6. If there exists any other serious cause for making it difficult to continue the marriage.

· A person who intends to institute a litigation of a judicial divorce to the family court for family litigation cases of Category B under Article 2 of the Family Litigation Act shall first make a request for conciliation (Article 50 (1) of the Family Litigation Act).

· If there is a ruling not to proceed with conciliation, an agreement has failed to be reached or the decision in lieu of conciliation loses its effect by an objection, a suit shall be regarded to have been filed at the time an application for conciliation is filed (Article 49 of the Family Litigation Act and Article 36 of the Judicial Conciliation of Civil Disputes Act).

· A judgment for divorce shall take effect by a pronouncement thereof and the person who filed such lawsuit shall report a divorce, attaching a certified copy of written judgment and a certificate of the final decision within one month from the date on which the final decision is made (Article 12 of the Family Litigation Act, Article 205 of the Civil Procedure Act and Articles 78 and 58 of the Act on the Registration, etc. of Family Relationships).

· Once husband and wife divorce, their marriage shall be dissolved and all the rights and duties based on the marriage shall lapse. In addition, affinity shall be terminated by divorce (Article 775 (1) of the Civil Act).

· If the parties have minor children when their divorce takes effect, they shall designate one who will exercise the parental authority. In addition, they shall determine by agreement concerning fostering their children such as protection of children, child support, etc. (Articles 836-2 (4) and 837 of the Civil Act).

· A parent who does not foster children and his/her children shall have the visitation right (Article 837-2 (1) of the Civil Act). If it is required for the welfare of children, the Family Court may, upon a request of the party or ex officio, restrict or exclude such visitation right (Article 837-2 (2) of the Civil Act).

· The parties who have been divorced may claim a division of property against the other party. The claim for division of property shall be extinguished after two years have passed from the date of divorce (Article 839-2(1), (2) and Article 843 of the Civil Act).

· In addition, one party may claim against the other party in negligence the damages therefrom (Articles 843 and 806 of the Civil Act).