Application to family court for confirmation of intent to divorce by agreement
What is a confirmation of intent to divorce by agreement?
- Divorce dissolves the legal relationship of marriage. Therefore, it is incomplete with the agreement of the spouses alone and a court must officially confirm that the spouses have a meeting of the minds to divorce.
- Therefore, spouses seeking to divorce by agreement must apply to the competent family court and obtain a confirmation of intent to divorce by agreement.
Competent court
- To apply for a confirmation of intent to divorce by agreement, the spouses can jointly visit the family court with jurisdiction over their place of registration or domicile and apply for confirmation of intent to divorce by agreement (Article 75(1) of the Act on Registration of Family Relations; Article 73(1) of the Rule on Registration of Family Relations).
Documents required for the application
- Submit the following documents when applying for a confirmation of intent to divorce by agreement (Article 73(4) of the Rule on Registration of Family Relations):
1. 1 of the application for a confirmation of intent to divorce by agreement;
※ The application for a confirmation of intent to divorce by agreement requires the signatures and seals of both spouses and 2 adult witnesses (Article 836(2) of the Civil Act).
2. 1 of each spouse’s family relations certificate;
3. 1 each of each spouse’s marriage relationship certificate; and
4. If there is any minor child [including any unborn child and excluding any child who will reach adulthood within the divorce consideration period (the period provided for in Article 836-2(2) and (3) of the Civil Act)], 1 written agreement on such child’s fostering and custodial parent decision and 2 copies thereof, or 3 each of the authentic copy of a family court’s adjudication and certificate of final decision.
<Other necessary documents, if additional documents must be submitted>
· When applying for confirmation of intent to divorce by agreement, 1 certified copy of resident registration must also be submitted.
· If one spouse is abroad, 1 certified copy of Korean national abroad registration is required, and fees for 2 instances of service (inquire with the filing clerk for specific amounts) must be paid.
Guidance on divorce and passage of the divorce consideration period
Guidance on divorce
- Spouses who applied for confirmation of intent to marry by agreement must receive guidance from the family court on divorce. If necessary, the family court may recommend that the parties be counseled by a professional counselor with expertise and experience (Article 836-2(1) of the Civil Act).
Divorce consideration period
- Confirmation of intent to divorce by agreement may be obtained when the following divorce consideration period has elapsed since being provided with the family court’s guidance on divorce: ① 3 months if there is any child that requires care (including any in utero); ② 1 month otherwise (Article 836-2(2) of the Civil Act). Provided that, the foregoing period may be reduced or exempted if there is an urgent circumstance requiring divorce, such as a party being expected to suffer intolerable distress from domestic violence, etc. (Article 836-2(3) of the Civil Act)
Confirmation of the intent to divorce, etc., and drafting and issuance of the written confirmation, etc.
Confirmation of the intent to divorce, etc.
- When the divorce consideration period has elapsed after the date on which the spouses received guidance on divorce, the spouses make a joint appearance in the family court to make statements, obtain confirmation on whether they intend to divorce, whether they have minor children, and on agreement or the family court’s certified copy of adjudication and certificate of final decision on the fostering and designation of the custodial parent for any minor children (hereinafter “intent to divorce, etc.”) (Article 74(1) of the Rule on Registration of Family Relations).
Drafting and issuance of written confirmation
- Upon confirming the intent to divorce, etc. of both spouses, drafting a written confirmation, and accepting an agreement on the fostering and designation of the custodial parent for minor children, the family court also drafts the child support order (the main body of Article 78(1) of the Rule on Registration of Family Relations).
· Provided that, if the agreement on the fostering and designation of the custodial parent for a minor child is contrary to the child’s welfare, the family court may order its correction. If the spouses do not comply, the family court does not draft the written confirmation or child support order (proviso to Article 78(1) of the Rule on Registration of Family Relations).
· Once the written confirmation of intent to divorce, etc. is drafted, the junior administrative officer, etc. of a court immediately delivers or serves the certified copy of the written confirmation, and if there is any minor child, a certified copy of the agreement, authentic copy of the child support order, or authentic copy of the adjudication and certificate of final decision to both spouses (the main body of Article 78(4) of the Rule on Registration of Family Relations).
※ Withdrawal of application to confirm intent to divorce by agreement
The application to confirm intent to divorce by agreement may be withdrawn up to the point of the family court’s confirmation and is also deemed to have been withdrawn where either or both spouses fail to appear twice despite the receipt of notice to appear (Article 77 of the Rule on Registration of Family Relations).
Report of divorce to an administrative agency
Divorce reporting
- The divorce takes effect when either spouse reports to the si, gu, eup, or myeon office with jurisdiction over the place of registration or domicile with a certified copy of the written confirmation of intent to divorce attached to the divorce report within 3 months of the date on which the certified copy of the confirmation of intent to divorce was delivered or served by the family court. Once the 3 months have elapsed, the confirmation of the family court loses its effect (Article 836(1) of the Civil Act; Article 75 of the Act on Registration of Family Relations; and Article 79 of the Rule on Registration of Family Relations).
< Divorce by Agreement Procedure >
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Spouses agree to divorce
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Application to family court for confirmation of intent to divorce by agreement
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⇒ Passage of consideration period
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Family court’s confirmation of intent to divorce, etc.
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Report of divorce to an administrative agency
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