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Agreement and Mediation
Uncontested divorce in Busan ends only when the terms are settled
In a divorce by agreement, both spouses appear at the Family Court to confirm their intent to divorce, and it takes effect only if reported within 3 months of receiving the certified copy of the confirmation. If promises on property or child support must be enforceable, divorce by mediation may fit better.
Agreeing to divorce is separate from agreeing on terms
Even when you both want to divorce, division of property, consolation money and custody are separate issues. If you disagree on terms, the case may not end as a divorce by agreement and can move to mediation or trial.
A proposal backed by evidence settles matters more smoothly than an excessive demand. Lim Jae Hyun, Park Sang Jun and Moon Ji Yeong, each with a Divorce specialization registered with the Korean Bar Association, handle the agreement and mediation with you.
To consult in Changwon or Seoul: Changwon Office · Seoul Office
How your case proceeds
Consultation
We separate agreed terms from open issues
Preparing a proposal
We build a proposal from property and childcare records
Drafting the agreement
We put property, child support and visitation in writing
Court procedure
We attend the confirmation or mediation hearing with you
Divorce by agreement and divorce by mediation at a glance
| Item | Divorce by agreement | Divorce by mediation |
|---|---|---|
| Waiting period | Deliberation period of 3 months or 1 month | No deliberation period, proceeds at the mediation hearing |
| Attendance | Both spouses, at filing and at the confirmation hearing | In principle in person, an agent with court permission |
| When the divorce takes effect | When reported within 3 months of receiving the certified copy of the confirmation | When the agreed terms are entered in the record |
| Property and consolation money | A separate written agreement cannot by itself be enforced | Once in the record, it has the same effect as a judicial settlement |
Basis: Civil Act, Article 836-2; Family Litigation Act, Article 7; Act on the Registration, etc. of Family Relationships, Article 75
Agreement and Mediation Frequently Asked Questions
QWhere do we file for a divorce by agreement in Busan, and must both spouses go together?
A
A divorce by agreement in Busan begins with both spouses appearing together at Busan Family Court to submit an application for confirmation of intent to divorce and receive divorce guidance (Act on the Registration, etc. of Family Relationships, Article 75; Enforcement Rules of the same Act, Article 73(1)). Jurisdiction is based on the place of family registration or the address, so it is enough that either is in Busan. Only when one spouse is a Korean national residing abroad or is in prison and cannot appear may the other apply alone (Rules, Article 73(2)).
QHow many times must we go to court for a divorce by agreement, and do we report the divorce together?
A
Both spouses go to court twice: when applying and receiving guidance, and at the confirmation hearing after the deliberation period (Rules, Articles 73 and 74). The divorce is reported not to the court but to the district office, and one spouse may file it alone with the certified copy of the confirmation attached (Rules, Article 79). The divorce takes effect only if it is reported within 3 months of receiving the certified copy.
QWhat else must we submit for a divorce by agreement if we have minor children?
A
You submit, with the application, an agreement on the child's care and on who will hold parental authority (Rules, Article 73(4)). It must cover the custodial parent, the sharing of child support, and whether and how visitation will take place (Civil Act, Article 837(2)), and at confirmation the Family Court prepares a child support record (Civil Act, Article 836-2(5)). That record is an enforceable title, so if child support falls into arrears it is the basis for a performance order and compulsory execution.
QCan I change my mind after the court confirms our intent to divorce?
A
Yes, as long as the divorce report has not been accepted. You file a withdrawal of intent to divorce, with the certified copy of the confirmation attached, at the district office for your place of family registration, address or current location (Rules, Article 80(1)), and if 3 months pass without a report the confirmation also loses effect (Act on the Registration, etc. of Family Relationships, Article 75(3)). However, if your spouse has already filed the divorce report first, that report is accepted (Rules, Article 80(2)).
QCan I receive the property division money during the deliberation period? Is an agreement we wrote ourselves enough?
A
The court's confirmation of a divorce by agreement only confirms the intent to divorce and the arrangements for the children, so it does not deal with any property agreement. The timing and conditions of payment must therefore be written down by the spouses themselves, and it is safer to also provide for repayment if the divorce does not take effect. An agreement you wrote yourselves is valid as a promise but cannot by itself be enforced, so for large amounts we consider a mediation record or a notarial deed.
QI do not want to wait out the deliberation period. Is divorce by mediation faster?
A
The deliberation period for divorce by agreement does not apply to mediation, and once mediation succeeds the divorce takes effect when the agreed terms are entered in the record, which has the same effect as a judicial settlement (Family Litigation Act, Article 59). However, the mediation date depends on the court's schedule and on whether the other spouse attends, so it cannot be said to be always faster. After mediation succeeds, the divorce must be reported within 1 month (Act on the Registration, etc. of Family Relationships, Articles 78 and 58).
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