Is a negotiated divorce agreement effective?

Many people wonder whether a divorce agreement is effective. Before or at the time of divorce, agreements are often written regarding property, custody, child support, and alimony.

Is there really a powerful effect that cannot be reversed? Many people are curious about the effect of this agreement when going through a divorce by agreement or consent.

1. We will give you an easy-to-understand answer.

“How much will I give you when you divorce!” or “I will let you raise your children!”
Let's assume there is a simple agreement such as.

What happens if you feel that the above agreement is not appropriate during a divorce?
If the other party is dissatisfied with the agreement and proceeds with a lawsuit, this agreement will only be used as evidence in the lawsuit and is unlikely to have any strong effect in itself.

For example, let's say you wrote an agreement to your wife saying, "If you divorce me, I will give you 1 billion won!"

At first, my wife had no complaints about this, but after consulting with her here and there, there was a possibility that she could receive 1.3 billion won.
At this time, if her wife files for divorce, she can receive 1.3 billion, despite the existence of her agreement.
This is because the court does not recognize the validity of a property division agreement based on an agreed divorce.

Please keep in mind that if a divorce is agreed upon, the same applies even if it is notarized.

2. In case of divorce by agreement after writing an agreement

What happens if a divorce agreement is written and a divorce is agreed upon or divorced by agreement?
In this case, you can request implementation based on the agreement. Divorce property, child custody, etc.

However, even if the other party has completed the divorce by agreement, he or she can file a lawsuit because he or she does not like the contents of the agreement.
In the case of property issues, a property division lawsuit can be filed within two years after divorce, and custody or child support can also be requested to be changed for any reason.

The most frequently asked question is property issues.This is a case where the divorce was completed amicably, but the assets I received were too small.There are quite a few cases where a husband or wife hid their assets and divorced without knowing the exact size of their assets.

In this case, you can file a divorce property division lawsuit if it has been within two years of your divorce.
The court closely examines the other party's assets through fact-finding and makes an appropriate division of assets.

Please note that a lawsuit can proceed regardless of the existence of a divorce agreement.

3. Divorce property division agreement

If the husband and wife have the same intention to divorce and there are no differences of opinion on alimony, property division, or custody, there is a much more certain divorce method than divorce by agreement.

This is “mediation divorce.”

We experience many cases while providing divorce litigation counseling.
Of course, there are many cases where the two parties do not get along very well and have difficulty drafting a divorce agreement.

However, surprisingly, there are many clients who do not have any differences of opinion regarding divorce and just want to settle it. In this case, we recommend mediation divorce without any hesitation. In a mediated divorce, the court confirms the contents of the free divorce agreement between the parties and makes a decision.

Once the mediation decision is made, you will receive a mediation report.
In this case, it is very difficult to overturn the agreement through a later lawsuit, especially when it comes to division of property.

In particular, in the case of mediated divorce, the period it takes for divorce is generally shorter than that of divorce by agreement.
Additionally, if you hire a lawyer to handle your divorce through mediation, you will not need to attend court. In the case of divorce by agreement, the parties must appear in court.

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

Are there any legal issues involved?

Should I negotiate with a Korean or initiate a lawsuit in a Korean court? The law firm where the interpreter works is located here. All of these processes can be carried out NON-STOP through a professional Korean lawyer. Contact us for consultation right now. Professional staff will respond kindly.