What is a de facto divorce?
The meaning of de facto divorce
- A de facto divorce is where two spouses who reported their marriage have agreed on divorce, live separately, and have otherwise extinguished the substance of their joint married life in reality but have not taken the formal step of reporting their divorce. Therefore, a separation premised on divorce constitutes a de facto divorce, while a temporary separation or leaving home because of marital conflict is not a de facto divorce.
Whether a de facto divorce leads automatically to divorce
The effect of de facto divorce
- Under the law of the Republic of Korea, divorce by agreement only takes effect by the confirmation of a court and reporting the divorce to an administrative agency, while judicial divorce only takes effect on a court’s divorce judgment (Articles 836(1) and 840 of the Civil Act; Articles 75 and 78 of the Act on Registration of Family Relations). Therefore, a de facto marriage does not automatically establish a divorce unless these procedures are undertaken.
- In particular, acts such as remarriage that are premised on divorce are only legally recognized if the prior marriage is dissolved through divorce by agreement or judicial divorce proceedings, regardless of whether the marriage is in a state of de facto divorce.