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.
There are two types (or we can break it down to three) of Divorce in Korea as follows:
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.
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>
The overall process takes about six months to a year prior to the verdict made by the court.
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.
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.
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).
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.