Call
Book a Visit
Blog
YouTubePRACTICE AREASLaw Firm Yulmaru
Property and Custody
Property and custody in Busan: your life after divorce is at stake
A divorce requires deciding division of property, parental authority and custody, child support and visitation together, each with its own standards and deadlines. Property division must be claimed within 2 years of the divorce, and parental authority and custody follow the welfare of the child.
Life after divorce is shaped by property division and custody
Your share depends on the length of the marriage, each spouse's assets, contribution to building them up, and the children's ages and care arrangements. We start by working out whether you can be financially independent after divorce.
Even if you do not know all the assets in your spouse's name, you can request an asset inquiry in the court proceeding. Lim Jae Hyun, Park Sang Jun and Moon Ji Yeong, each with a Divorce specialization registered with the Korean Bar Association, handle these cases.
To consult in Changwon or Seoul: Changwon Office · Seoul Office
How your case proceeds
Identifying assets
We list both spouses' assets and debts
Documenting contribution
We prepare evidence of how the assets were built up and your contribution
Parenting plan
We prepare childcare records and a child support plan
Mediation or trial
We settle property division and child arrangements together
What is decided together, and the standards
| Item | Standard and deadline |
|---|---|
| Division of property | Assets built through cooperation during the marriage are divided by contribution, claim within 2 years of the divorce |
| Parental authority and custody | The person with parental authority and the custodial parent for a minor child are chosen based on the welfare of the child |
| Child support and visitation | The sharing of child support and the method of visitation are decided together |
| Finding the other spouse's assets | Request asset disclosure and asset inquiry in the court proceeding |
| Risk of asset disposal | Consider provisional attachment or a provisional injunction first |
Basis: Civil Act, Articles 839-2(3), 837, 837-2 and 909; Family Litigation Act, Articles 48-2, 48-3 and 63
Property and Custody Frequently Asked Questions
QWhat childcare records should I bring when I consult a child custody lawyer?
A
What a child custody lawyer looks at first is evidence of who has mainly cared for the child. This includes contact records with the daycare or school, guardian records for medical visits and vaccinations, photos of drop-offs and pick-ups, records of child-related spending, and plans for housing and family members who will help. The court chooses the custodial parent based on the welfare of the child (Civil Act, Articles 837 and 909), so income is only one factor and actual caregiving history is also considered.
QMy spouse took our child when we separated. Is it true that the parent who has the child has the advantage?
A
The court considers all circumstances bearing on the child's welfare, including who is caring for the child now, so having the child does not by itself decide the outcome. During a lawsuit you can ask the Family Court for a preliminary measure such as designation of a temporary custodial parent or handover of the child (Family Litigation Act, Article 62). Taking the child back without the other parent's consent can escalate the dispute, so it is safer to proceed through the court.
QMust one parent hold both parental authority and custody?
A
No. Parental authority and custody can be assigned separately. In a divorce by agreement the parents decide who holds parental authority, and if they cannot agree the Family Court designates the person (Civil Act, Article 909(4)). In a judicial divorce the court decides parental authority on its own authority (Article 909(5)). If what the parents agree is against the child's welfare, the court can order a correction or decide on its own authority.
QI won a property division judgment, but my spouse will neither pay nor transfer title. What now?
A
A ruling or mediation record ordering payment of money or registration of title is an enforceable title (Family Litigation Act, Articles 41 and 59), so if your spouse does not comply you apply for compulsory execution. For money, you seize deposits, wages or real estate in your spouse's name; for real estate, you apply alone for registration using the judgment; and if you do not know where the assets are, you apply for asset disclosure and asset inquiry under the Civil Execution Act (Articles 61 and 74). Documents such as a certificate of finality must be obtained first.
QWe agreed on visitation, but my former spouse will not let me see our child. Can they be put in detention?
A
Detention is not available. If visitation set by a judgment, mediation record or similar is not honored without good reason, you can ask the Family Court for a performance order (Family Litigation Act, Article 64), and breaching that order can lead to a fine for negligence of up to KRW 10 million (Article 67). Detention is provided only for failure to make periodic payments of money such as child support and failure to hand over a child (Article 68). Keep a record of the dates you were refused and the messages.
QDo grandparents have a right to see their grandchildren?
A
With conditions. The lineal ascendants of the parent who does not raise the child may ask the Family Court for visitation with the grandchild if that parent has died, or cannot exercise visitation because of illness, residence abroad or other unavoidable circumstances (Civil Act, Article 837-2(2)). The court decides by taking into account the child's wishes, the relationship between the applicant and the child, and the reason for the request.
TOP