Changes in status because of divorce
Spousal relationship extinguished
- The spousal relationship between the spouses is terminated by divorce, extinguishing obligations in the spouses’ joint married life, including cohabitation, mutual support, mutual aid, etc., which are premised on marriage (Article 826(1) of the Civil Act). That is, a married couple must cohabit with, mutually support, and aid each other, but these obligations do not survive divorce and their performance cannot be sought afterward.
In-law relationships extinguished
- In-law relationships with the other spouse’s family members are extinguished by divorce (Article 775(1) of the Civil Act). “In-laws” here refer to spouses of family members (sister-in-law, brother-in-law, aunt by marriage, uncle by marriage, etc.), family members of the spouse (father-in-law, mother-in-law, brother-in-law, sister-in-law, etc.), and spouses of the family members of the spouse (brother-in-law’s wife), etc. (Article 769 of the Civil Act).
Free to remarry
- A former spouse is free to remarry upon the dissolution of the former spousal relationship by divorce (Article 810 of the Civil Act). That is, the dissolution of a marital relationship by divorce means that remarriage does not constitute bigamy.
- Provided that, no person may marry an in-law (a spouse of a family member within 6 degrees of relations, a family member within 6 degrees of relations with one’s spouse, the spouse of a family member within 4 degrees of relations with one’s spouse), or former in-law (Article 809(2) of the Civil Act).
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Useful Legal Information 1
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<I have plans for remarriage. Is my divorce on record?> Q. I divorced 3 years ago and am getting ready to remarry someone I met. I told my fiancé about my situation, but I am very reluctant to tell my future in-laws. Is my divorce a matter of record? If so, is there any way I can have the record expunged? A. With the enforcement of the Act on Registration of Family Relations on January 1, 2008, the former family register was replaced by the family relations register, and five types of certificates proving family relations register information were created: family relation certificate, identification certificate, marriage relationship certificate, adoption relation certificate, and full adoption relation certificate. The issuance of each certificate for the family relations register may be requested by the person, the person’s spouse, or a direct family member (hereinafter "person, etc."). If an agent of the person, etc. requests issuance, a power of attorney from the person, etc. is required (Articles 14(1) and 15 of the Act on Registration of Family Relations). Of the aforementioned certificates, the family relation certificate and marriage relationship certificate display spousal relationships. The family relation certificate only displays the spouse currently in a valid marital relationship; no spouse whose relationship was ended by divorce, annulment, or cancellation appears. However, the marriage relationship certificate displays ① the person’s place of registration, name, gender, place of family origin, date of birth, and resident registration number; ② spouse’s name, gender, place of family origin, date of birth, and resident registration number; and ③ matters on marriage and divorce. Therefore, divorce is recorded on the marriage relationship certificate, which record cannot be expunged by the unilateral wishes of a party in the absence of special circumstances such as the record being in error.
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Status with regard to children
- The family relationship between a parent and child is unchanged by divorce, and there is no change in the status of any children. However, a person who exercises custodial and fostering rights over a child is determined upon divorce by agreement between the spouses or judicial decision (Articles 837, 843, and 909(4) of the Civil Act). The custodian and fostering person might not always be the same person, and a third party may be designated as the fostering person.
- A parent without fostering rights has the right to contact the child by meeting, exchanging letters, telephone calls, etc. — that is, visitation rights (Article 837-2(1) of the Civil Act). The lack of fostering rights does not modify a parent’s rights and obligations (Article 837(6) of the Civil Act), including the authority to consent to an underage or adult ward’s marriage (Article 808 of the Civil Act), inheritance (Article 1000(1) of the Civil Act), etc.