My wife and I agree to divorce, but there are no special grounds for divorce. Is it possible to file for divorce?
There has been an agreement on the intention to divorce, but there are no grounds for divorce in court.
I think you are talking about what is commonly referred to as ‘reasons based on personality differences’.
in conclusion???!!! Divorce is possible!!!
Although our civil law stipulates grounds for divorce at trial, this does not apply to divorce by agreement.
This is a legal provision for cases where divorce is proceeded through trial due to lack of agreement.
In a divorce by agreement, the parties only need to agree on their intention to divorce.
Therefore, there is no need to check the grounds for divorce in the law.
Ultimately, if the parties have confirmed their intention to divorce, they must visit the family court.
After applying for divorce by agreement, you can obtain a divorce after spending a period of consideration and confirming your intention to divorce.
However, one question may arise here.
If the parties agree on their intention to divorce, but there is no agreement on property division or custody.
If it doesn't work, the question is what to do.
Let me explain with two examples.
1. How do couple A, who agree on divorce and child custody but have no agreement on property division, get divorced?
You can proceed with the divorce first through a divorce by agreement, and then only file division of property in a separate lawsuit.
Meanwhile, couple A can also apply for divorce mediation or file a divorce lawsuit. There is no reason for divorce
As you expressed, if a divorce has been decided and both parties have reached an agreement, the marital relationship is
Since it is clear that the marriage has already broken down, 'other marriages' are among the grounds for divorce in the civil law.
This is because you can proceed with a divorce by claiming ‘serious reasons that make it difficult to continue’.
The main issue in Couple A's divorce suit will be 'property division.'
2. How can couple B, who only agreed on their intention to divorce but did not agree on property division or custody, get divorced?
Since couple B has not reached an agreement on custody, divorce by agreement is not possible.
However, you can divorce through a divorce mediation application or divorce lawsuit, as in the second method for couple A above.
The grounds for divorce may be 'other serious reasons that make it difficult to continue the marriage.'
The main issues in Couple B's divorce lawsuit are 'property division' and 'custody rights'.
In fact, when a divorce suit is filed, there is a disagreement even in the intention to divorce, so the husband wants a divorce, but the wife does not want a divorce.
Rather than not wanting it (or vice versa), the intention to divorce between the two parties has been agreed upon.
There is no agreement on custody or property division.
There are many couples who apply for divorce mediation or file divorce proceedings.
Consult with an expert to find out whether you can file for 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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