ENGLISH

Divorce
Annulment of divorce
Grounds for annulment of divorce
- Divorce by agreement is obtained where ① the spouses agree to the divorce; and ② undergo the divorce reporting process. As the divorce is not established on its face without a report, an invalid divorce by agreement occurs where the spouses do not agree on divorce.
※ Examples of grounds for annulling a divorce
· A divorce is reported without the awareness of one or both spouses (Article 834 of the Civil Act).
· A divorce action is brought abroad while one of the spouses is unaware, and a divorce judgment is obtained (Seoul Family Court Judgment 92Deu68848 announced on December 9, 1993).
· One or both spouses withdrew the intention to divorce before the divorce report was filed, but the report was still filed (Supreme Court Judgment 93Do2869 announced on February 8, 1994).
· A mentally unsound person divorced while lacking mental capacity