ENGLISH

- After the family court confirms the intent to divorce by agreement, the divorce only takes effect when the divorce is reported to the competent administrative agency with the written confirmation attached (Article 836(1) of the Civil Act; Article 75(2) of the Act on Registration of Family Relations).

- The effect of the confirmation of intent to divorce is lost once 3 months have elapsed since the family court’s delivery or service of the written confirmation, and the parties must undergo the court’s confirmation of intent to divorce by agreement procedure once again to divorce (see Article 75(3) of the Act on Registration of Family Relations).

- Therefore, if the intent to divorce no longer exists before the divorce is reported, the divorce will not be obtained if the divorce report is not submitted.

- The intent to divorce is withdrawn if a written withdrawal of intent to divorce with a certified copy of the written confirmation of intent to divorce attached is submitted to the si, gu, eup, or myeon office with jurisdiction over the place of registration or domicile before the filing of the divorce report (the main body of Article 80(1) of the Rule on Registration of Family Relations).

- However, if the spouse’s divorce report is submitted ahead of the written withdrawal of intent to divorce, the divorce is already final and the submission of the written withdrawal has no effect (Article 80(2) of the Rule on Registration of Family Relations).