Practice Areas
Family Law
- Divorce
- Inheritance
NHY provides/practices outstanding legal services by the attorneys who have expertise and experience in terms of divorce (including international divorce), designation of parentage, child custody expenses, mental damages, property division by divorce, adoption/dissolution of adoptive relation, property division by inheritance, legal reserve of inheritance, contributory portion, permission of given-name/sur-name/family register, etc.
Divorce
There are two types (or we can break it down to three) of Divorce in Korea as follows:
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Divorce by Agreement
Upon reaching an agreement by both parties over the terms and conditions such as (i) property division (재산분할), (ii) compensation for mental damages (위자료), and (iii) parental rights and child custody (e.g. child support costs & visitation rights); parties can apply for Divorce by Agreement. However, this process requires a 'consideration period' (숙려기간) of three months (in case parties have a child), or one month (in case parties have no child); and parties need to physically attend the meeting at least twice. The whole process takes about 2-5 months including the consideration period.
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Divorce by Trial
In case parties do not reach an agreement; or one of the parties does not want to get divorced; a party can file a lawsuit to seek for a Divorce by Trial. There are six (6) conditions (or causes) to get entitles to file a lawsuit of Divorce by Trial as below in accordance with [Civil Act]:
Article 840 (Causes for Judicial Divorce)
Either husband or wife may apply to the Family Court for a divorce in each case of the following subparagraphs:
<Amended on Jan. 13, 1990>- If the other spouse has committed an act of unchastity
- If one spouse has been maliciously deserted by the other spouse
- If one spouse has been extremely maltreated by the other spouse or his or her lineal ascendants
- If one spouse's lineal ascendant has been extremely maltreated by the other spouse
- If the death or life of the other spouse has been unknown for three year;
- If there exists any other serious cause for making it difficult to continue the marriage.
The overall process takes about six months to a year prior to the verdict made by the court.
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Divorce by Mediation (as a sub-process of Divorce by Trial)
Mediation is a mandatory process once the Divorce by Trial is filed to the court. Since it does not require consideration period as Divorce by Agreement; it is a practical measure for parties who wants to complete the divorce with immediate effect, and have already reached upon the terms and conditions of divorce such as (i) property division, (ii) compensation amount for mental damages ((i) and (ii) can get be combined under a broad concept of the “Damages”), and (iii) parental rights and child custody.
The overall process takes less than a month in case Parties reach to an agreement in details of terms and conditions.
- If the other spouse has committed an act of unchastity
- If one spouse has been maliciously deserted by the other spouse
- If one spouse has been extremely maltreated by the other spouse or his or her lineal ascendants
- If one spouse's lineal ascendant has been extremely maltreated by the other spouse
- If the death or life of the other spouse has been unknown for three year;
- If there exists any other serious cause for making it difficult to continue the marriage.
The overall process takes about six months to a year prior to the verdict made by the court.
NHY provides/practices outstanding legal services by the attorneys who have expertise and experience in terms of divorce (including international divorce), designation of parentage, child custody expenses, mental damages, property division by divorce, adoption/dissolution of adoptive relation, property division by inheritance, legal reserve of inheritance, contributory portion, permission of given-name/sur-name/family register, etc.
Inheritance
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Meaning
An inheritance is to succeed, from the time of commencement of the inheritance by the death of an inheritee, blanket rights and duties (including assets and liabilities).
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Inheritance Disputes
- Most common type of inheritance disputes occur when inheritors renunciate or accept under conditions since the inheritee had been in a negative debt-equity position. Report of renunciation or acceptance under conditions should be filed to a family court in 3 months after the date of commencement of inheritance attaching the certificate of registered individual seal. If an inheritor has neglected to file the report in tie, he/she shall pay the debts of the inheritee.
- Division of inherited property could be solved by the agreement all inheritors. In case such the agreement had not been reached, some of inheritors have right to apply for division of inherited property against all other inheritors in which contributory portion would be claimed.
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Testimony
- Testimony is an act (by dictation or documents, etc.) by a testator stating that he/she shall bequeath a portion/ or a whole of his/her properties to a specific person (name, registration number, address, etc.) There are five forms of wills stipulated in the 「Civil Act」; and it shall be nullified when the testimony does not duly comply with the formalities of the act describes.
- There exist many of disputes over testimony. Therefore, it would be most safe to notarize a testimony at notary public as NHY.
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Legal Reserve of Inheritance
When there are shortages in the legal reserve of inheritance pursuant to the act due to gifts or testamentary gifts made by the inheritee; the person who has right to legal reserve of inheritance can demand to return to other inheritor or testamentary done, etc.