ENGLISH

· Laws of the country where both spouses reside habitually

· Laws of the country that is most closely related to both spouses

※ The governing law refers to the laws applicable to legal relationships under the “Act on Private International Law”.

· The intent to divorce of both spouses must be in agreement.

· As the agreed intent of divorce requires the ability to manifest intent, an adult ward must obtain the consent of his/her parents or adult guardian (Article 835 and Article 808, paragraph 2 of the “Civil Act”).

· Any person who intends to file for divorce by agreement must receive guidance on divorce as provided by the Family Court, and, if necessary, the Family Court may recommend counsel with a professional counselor who has expertise and experience in counseling (Article 836-2, paragraph 1 of the “Civil Act”).

· The applying party may receive the confirmation of intention to divorce after 3 months if he/she has any child requiring care, or 1 month if he/she has no such child (Article 836-2, paragraph 2 of the “Civil Act”), and he/she must agree to the fostering of the child or designation of the person with custodial right or receive a substitute judgment from the Family Court (Article 836-2, paragraph 4 of the “Civil Act”).

※ However, the Family Court may exempt the party from or reduce the above period where there are urgent circumstances requiring proceeding with a divorce such as if unbearable suffering of the party may be expected due to the domestic violence (Article 836-2, paragraph 3 of the “Civil Act”).

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

· For divorce by agreement

√ For a divorce by agreement, the parental custodian must be determined by an agreement between the parents, and if such an agreement cannot or will not be made, the Family Court must designate the parental custodian upon the request of the parties or ex officio (Article 909, paragraph 4 of the “Civil Act” and Article 2, paragraph 1, subparagraph 1, item b, sub-item 5 of the “Family Litigation Act”).

√ The Family Court may, if deemed necessary for the welfare of a child, reassign the person with parental authority to the other party upon request of a relative of the child within the fourth degree of relation (Article 909, paragraph 6 of the “Civil Act” and Article 2, paragraph 1, subparagraph 2, item b, sub-item 5 of the “Family Litigation Act”).

· For a judicial divorce

√ In cases of the judicial divorce, the Family Court will ex officio determine the custodian (Article 909, paragraph 5 of the “Civil Act”).

√ The Family Court may, if deemed necessary for the welfare of a child, alter the person of the parental authority to the other party upon request of a relative of the child within the fourth degree of relationship (Article 909, paragraph 6 of the “Civil Act” and Article 2, paragraph 1 subparagraph 2, item b, sub-item 5 of the “Family Litigation Act”).

· Decision on matters concerning raising of children

√ The divorcing parties must determine by agreement the following matters concerning the raising of their children, and if the agreement on raising cannot or will not be made, the Family Court will decide it upon request of the party or ex officio (Article 837, paragraphs 1, 2, and 4 of the “Civil Act”):

1. Determination of parental custodian

2. Child support obligation

3. Visitation right and its methods

· Changes in matters concerning raising of children

√ Even after the matters concerning raising of children have been determined, the Family Court may change matters concerning child raising or take other appropriate measures, upon a request from each parent, children, or prosecutor, or ex officio if deemed necessary for the children's welfare (Article 837, paragraph 5 of the “Civil Act”).

· Status of parents without custody

√ Even if the matters concerning child raising are determined through divorce, the rights and duties of the parents and their children remain unchanged (Article 837, paragraph 6 of the “Civil Act”). The blood relative relationship between parents and their children (Article 768 of the “Civil Act”) is therefore maintained, and the parental right to consent to the marriage of their minor children (Article 808, paragraph 1 of the “Civil Act”), the duty to furnish support (Article 974, paragraph 1 of the “Civil Act”), and the right to inheritance (Article 1000, paragraph 1 of the “Civil Act”), etc. also remain unaltered.

1. Application for the extension of permitted period of stay (annexed form 42 of the “Enforcement Rule of the Immigration Act”)

2. Documents demonstrating death or disappearance, or other documents verifying that the marriage relationship came to an end due to reasons not attributable to the applicant

· The extension of the period of marriage migrant (F-6) status will be permitted after a review.