When both spouses are abroad
Application to the head of the overseas diplomatic mission to confirm the intent to divorce by agreement
- If both spouses reside abroad and wish to divorce by agreement, they may apply to the head of the overseas diplomatic mission with jurisdiction over their residence (meaning, a Republic of Korea embassy, consulate general, consulate, branch, or local office; if there is no overseas diplomatic mission with jurisdiction over the residential area, the overseas diplomatic mission with jurisdiction over the adjacent area; if the spouses reside in different countries, the overseas diplomatic mission with jurisdiction over the residence of one of them; same hereinafter) for confirmation of intent to divorce by agreement (Article 75(1) and (3) of the Rule on Registration of Family Relations).
- The head of the overseas diplomatic mission who receives an application to confirm the intent to divorce by agreement delivers a divorce guidance document to the parties who applied, then receives the submission of and confirms ① whether the spouses intend to divorce, ② whether they have any minor child, and ③ if they have a minor child, 1 agreement on fostering and designation of the custodial parent for such child, or 3 authentic copies of the family court’s adjudication and certificates of final decision (hereinafter “matters of divorce”) and drafts, signs, and seals a document listing such purport (hereinafter “purport of statement”), then immediately attaches the submitted application for confirmation of intent to divorce by agreement for dispatch to Seoul Family Court (Article 75(4) of the Rule on Registration of Family Relations).
Seoul Family Court’s confirmation of intent to divorce by agreement
- The Seoul Family Court confirms the intent to divorce, etc. of the parties applying for confirmation of divorce based on the purport of the statement and attached documents served by the overseas diplomatic mission and confirms the intent to divorce, etc. when a certain period (3 months if the spouses have any child who requires care, 1 month otherwise) has passed since the day both spouses received guidance on divorce. 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(2) and (3) of the Civil Act; Article 75(1) of the Act on Registration of Family Relations; and Article 76(1) and (4) of the Rule on Registration of Family Relations)
※ If the spouses reside in different countries, the Seoul Family Court may confirm the matters of divorce not with the parties but by entrusting the overseas diplomatic mission with jurisdiction over the other party with the confirmation (Article 76(3) of the Rule on Registration of Family Relations).
- After the Seoul Family Court confirms the intent to divorce, etc., the junior administrative officer, etc. of the court dispatches the certified copy of the written confirmation of intent to divorce, a certified copy of the agreement on fostering and the designation of the custodial parent if there are any minor children, the authentic copy of the child support order or authentic copy of the adjudication, and the certificate of final decision to the head of the overseas diplomatic mission, which the head of the mission in turn delivers or serves to the spouses (Article 78(4) of the Rule on Registration of Family Relations).
Report of the divorce to the overseas diplomatic mission
- The divorce takes effect when either spouse submits a divorce report to the overseas diplomatic mission with jurisdiction with a certified copy of the written confirmation attached within 3 months of being delivered or served such a certified copy (Article 836(1) of the Civil Act; Article 34 of the Act on Registration of Family Relations; Article 75 of the Act on Registration of Family Relations; and Article 79 of the Rule on Registration of Family Relations).
When one of the spouses is abroad
When the spouse in Korea applies
- Application to family court for confirmation of intent to divorce by agreement
· If one spouse is abroad and the spouse in Korea applies for confirmation of intent to divorce by agreement, the spouse must appear at the family court with jurisdiction over the place of registration or domicile to apply for confirmation of intent to divorce and receive guidance on divorce (for the spouse who is abroad, a divorce guidance document) (Article 75(1) of the Act on Registration of Family Relations; Article 73(2) of the Rule on Registration of Family Relations).
- The family court’s confirmation of intent to divorce by agreement
· The family court entrusts the overseas diplomatic mission with jurisdiction over the other party who is not the applicant for confirmation of intent to divorce by agreement to confirm the matters of divorce and causes the divorce confirmation applicant after a certain period (3 months if the spouses have any child in need of care, 1 month otherwise) after the Korean national spouse abroad has received guidance on divorce, to confirm the intent to divorce, etc. 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(2) and (3) of the Civil Act; Article 75(1) of the Act on Registration of Family Relations; and Article 74(2) of the Rule on Registration of Family Relations).
· After the family court confirms the intent to divorce, etc., the junior administrative officer, etc. of the court delivers or serves the divorce confirmation applicant with the certified copy of the written confirmation of intent to divorce by agreement, a certified copy of the agreement on fostering and designation of the custodial parent if there are any minor children, the authentic copy of the child support order or authentic copy of the adjudication and certificate of final decision, and the delivery or service to the other party abroad is made through the head of the overseas diplomatic mission (Article 78(4) of the Rule on Registration of Family Relations).
- Report of divorce to an administrative agency or overseas diplomatic mission
· The divorce takes effect when, within 3 months of being delivered or served a certified copy of the written confirmation of intent to divorce by agreement, ① the applicant for divorce confirmation submits the divorce report to the si, gu, eup, or myeon office with jurisdiction over the applicant’s own place of registration or domicile, or ② the other party abroad submits the divorce report to the overseas diplomatic mission with jurisdiction (Article 836(1) of the Civil Act; Article 34 of the Act on Registration of Family Relations; Article 75 of the Act on Registration of Family Relations; and Article 79 of the Rule on Registration of Family Relations).
When the spouse who is abroad applies
- Application for confirmation of intent to divorce by agreement to the overseas diplomatic mission
· When the spouse residing abroad applies for a confirmation of intent to divorce by agreement, the spouse can submit an application for confirmation of intent to divorce by agreement to the head of the overseas diplomatic mission with jurisdiction over the spouse’s residence (Article 75(2) of the Act on Registration of Family Relations).
· The head of the overseas diplomatic mission that received the application for confirmation of intent to divorce by agreement delivers a divorce guidance document to the party who applied, confirms the matters of divorce, and drafts a purport of statement, which is then inscribed and sealed for immediate dispatch to the Seoul Family Court with the submitted application for confirmation of intent to divorce by agreement (Article 75(4) of the Rule on Registration of Family Relations).
- Seoul Family Court’s confirmation of intent to divorce by agreement
· When the Seoul Family Court is served documents by the overseas diplomatic mission, it causes the other party to the application for confirmation of intent to divorce to appear and be guided on divorce before confirming the matters of divorce, and confirms the intent to divorce, etc. a certain period (3 months if the spouses have any child in need of care, 1 month otherwise) after both spouses have been guided on divorce. 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(2) and (3) of the Civil Act; Article 75(1) of the Act on Registration of Family Relations; and Article 76(2) and (4) of the Rule on Registration of Family Relations)
· After the Seoul Family Court confirms the intent to divorce, etc., the junior administrative officer, etc. of the court delivers or serves the certified copy of the written confirmation of intent to divorce by agreement, a certified copy of the agreement on fostering and designation of the custodial parent if there are any minor children, the authentic copy of the child support order or authentic copy of the adjudication, and certificate of final decision to the applicant for confirmation of intent to divorce by agreement through the head of the overseas diplomatic mission, and directly delivers or serves the same to the other party in Korea (Article 78(4) of the Rule on Registration of Family Relations).
- Report of divorce to an overseas diplomatic mission or administrative agency
· The divorce takes effect when, within 3 months of being delivered or served a certified copy of the written confirmation of intent to divorce by agreement, ① the applicant for divorce confirmation submits the divorce report to the overseas diplomatic mission with jurisdiction, or ② the other party in Korea submits the divorce report to the si, gu, eup, or myeon office with jurisdiction over the other party’s own place of registration or domicile (Article 836(1) of the Civil Act; Article 34 of the Act on Registration of Family Relations; Article 75 of the Act on Registration of Family Relations; and Article 79 of the Rule on Registration of Family Relations).