Divorce by agreement with spouse living abroad

Q. My husband currently lives abroad, so I cannot attend court with him. Can I apply for confirmation of intention to divorce by agreement without my husband being present?

A. If the fact that the husband is residing abroad is confirmed through the overseas national register, etc., the wife can attend the court alone
and apply for confirmation of intention to divorce by mutual consent.

In principle, the application for confirmation of intention to divorce by agreement must be submitted jointly by the couple by attending the court. However, if one of the couple is a Korean citizen residing abroad or a prisoner and has difficulty attending the court, only one party may attend and request confirmation of intention to divorce by mutual consent by attaching explanatory materials. If the other party to divorce by agreement is a national residing abroad, a copy of the register of nationals residing abroad must be attached to the application, and if the other party is a prisoner, a certificate of acceptance must be attached to the application.

In this way, if one party attends the court and submits an application for confirmation of intent to divorce by agreement in order to obtain a divorce by agreement with a Korean national residing abroad or a prisoner, the family court will entrust the competent diplomatic mission overseas or the head of the prison to confirm the other party's intent to divorce.

This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary.
Please chat or email for specific details.

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