There are two types of divorce: contested divorce and uncontested divorce. This is the same even if you are married to a foreign spouse. Today, we will learn about the procedure and required documents for a uncontestedl divorce with a foreign spouse.
Uncontested divorce prodedure
1.Application for confirmation of intent not to contest divorce (1) The parties must appear together at the court that has jurisdiction over the party’s locus of registration or address to submit the application. (2) If the husband and wife have different addresses or their registered domicile differs from their actual address, they can submit the application at the convenient location (3) You cannot apply through a lawyer or a representative in this case. (4) One party may unilaterally make appearance to submit application only if the other party is abroad or confined in a penitentiary (detention center). (5) If a party who is an overseas Korean national wishes to have an uncontested divorce, they can apply for an uncontested divorce Application for confirmation of intent not to contest divorce at the head of the overseas diplomatic mission that has jurisdiction over their place of residence. ※If there is no overseas diplomatic mission with jurisdiction over the area, an application can be made to the head of the nearest overseas diplomatic mission in the adjacent region. 2. report divorce to the local district unit office - The copy of the confirmation of intent to divorce become ineffective thee months after issuance. Therefore, if the parties so wish, one or both parties must submit the report of divorce with a copy of the confirmation attached to the local district unit office within the above-mentioned period. ※ When applying for a consensual divorce intention confirmation, you cannot attach property-related documents to verify the property division relationship.
Document to be submitted with application
(1) one copy of application for confirmation of intent not to contest divorce ※ This must be completed by both parties, and the form may be obtained from the registration window at the court. (2) One copy each of family relations certificate of the husband and marriage certificate
One copy each of family relations certificate of the wife and marriage certificate ※ issued by office of local district unit. (3) One copy of resident registration ※ This should be attached only when applying to court of competent jurisdiction for confirmation of intent to divorce (4) When one of the parties is overseas, A copy of the expatriate registration (issued by embassies and legations abroad or the Ministry of Foreign Affairs and Trade)
When one of the parties is detention center, a copy of the certificate of confinement (issued by penitentiary or detention center). You must also pay for two instances of the service of process fee (please inquire with the person in charge for the exact amount). (5) Parties with minor child(ren) (including an unborn child in pregnancy, but not including those children who have reached adulthood within 3 months of the date of receipt of the information about divorce or within a period determined by the court) must submit one original and 2 copies of an agreement regarding the custody and parental rights with regard to such child(ren) or three copies of each of true copy of the family court’s decision and certificate of confirmation after receiving information about divorce However, the parties must make appearance together to make the application and in the event information regarding divorce has been received, the agreement may be submitted by one month prior to the confirmation date and the true copy of the decision and confirmation certificate may be submitted by the confirmation date. ※ If one of the spouses is in a foreign country or in detention center, the required documents must be submitted at the time of the application.
Withdrawal of uncontested divorce
- Even after the receipt of the confirmation of intent to divorce, if a party no longer has the intent to divorce, he/she may submit an application to withdraw intent to divorce with a copy of the confirmation to the head of the local district unit office.
※If the divorce report is registered prior to the withdrawal of intent to divorce, then the divorce becomes effective even of the application for withdrawal has been submitted.