I wrote a memorandum to give up my property. Can I get property division?
According to the Supreme Court precedent, giving up the right to claim property division that has not been specified through agreement or judgment before the marriage is dissolved is not allowed due to its nature.
A memorandum saying 'I will give up the right to claim property division' before divorce The Supreme Court's ruling is that if written, it is invalid because it constitutes a 'prior waiver of the right to claim property division' rather than an 'agreement to waive property division.'
However, if a party who has not yet divorced writes in writing waiving the right to claim property division on the premise of agreeing to divorce by negotiation in the future, property division is intended to liquidate and distribute all joint property formed through the cooperation of both spouses.
It is believed that the effect may be recognized as an exception if there are circumstances such as that one party of the couple has given up its right to claim property division as a result of discussions on the amount of property subject to it, the contribution of both parties to it, the method of dividing the property, etc.
That is, In principle, a memorandum of waiver of property division is invalid as a prior waiver of the right to claim property division, but in some cases it may be effective in exceptional cases, so it is recommended that you consult with a lawyer regarding its effect.
The above is This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary.
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