Divorce procedure in Korean in 2024

1. Divorce procedure in Korean in 2023

Step 1: You separate
You and your partner agree to separate and divorce. Or, one person may end the relationship and tell the other that they want a divorce. In either case, you may want to send them an email or letter confirming your intentions, just in case your separation date is later challenged in court.
In 1975, the law in Australia changed and now all divorces are “no fault” – essentially, you and your ex agree that you have irreconcilable differences and have decided to separated. “Mistakes” such as adultery, cruelty, etc. is no longer suitable.
In most cases, one of the partners will leave the marital home. However, if you cannot afford to live in a separate residence or if you choose to continue living in the same property for other reasons, you can “separate under one roof” while still sharing same living space.
But now you have to live your own life - sleep in your own bed, cook your own meals, etc. When filing for divorce, you, your ex-partner and friends or family members will need to sign affidavits (with some supporting information). ) assumes that you and your ex are in fact "separated under one roof".

2. Is there anything I should do immediately?

Correct. The end of a relationship is a traumatic time – for everyone – but you have to take care of yourself. And part of that process is solving some simple financial problems. They may seem unimportant now, but in the future they could prove invaluable. Here is a list of things to do as soon as possible:

Make a list of all your assets and debts

– divide them into those in your name, your partner's name and joint names. Block your joint bank accounts and credit cards

- just in case your partner does something without your approval and you can't pay rent etc. Make sure your salary and any other income goes into an account that only you can access. Make sure you're not the only one paying the mortgage, car payment or utility bill. Get copies of tax returns, credit card statements, investment accounts, utility bills, bank statements, insurance policies, retirement accounts, and more. Update your will

- and if you don't have one already, write one immediately. Finally, see what you can afford and set a budget

- this can help you decide whether you can buy the property back from your partner or buy a new one. And the above list applies equally to both men and women who are separating.

3. What if you've been married for less than a year?

If you have been married for less than a year and decide to separate, you and your ex should get counseling. This is required by Australian law and demonstrates that you have at least thought things through and tried to mediate. The counselor will then issue you a counseling certificate proving that you have completed the counseling session.
If there are special circumstances that make mediation impossible or inappropriate, you should notify the court and request that this requirement be waived. You can find more information about finding a mentor.
If I am not married in Australia, can I get divorced here? Yes, you can file for divorce in Australia in the following 3 cases:

Or you or your spouse are Australian citizens
You have lived in Australia in the past 12 months, or
You consider Australia your home and intend to live there permanently.

4. When are two people considered separated?

It is not necessary to be “physically” separated to be considered legally separated. You can still live in the same house as your partner, but you are considered “separated” for the purposes of the law. Even if only one person initiates the separation, you can still be considered legally “separated,” even if you don't want or ask for it.

Step 2: Agree on how to allocate your financial assets
As soon as you decide to separate, you and your ex-spouse can begin to discuss and agree on how to divide your financial assets, debts and any current financial commitments (not including alimony raising children, will be discussed later). A financial settlement can usually be agreed within a few weeks if your relationship with your ex is amicable. However, if your relationship is not amicable and you must use the legal process to divide your financial assets and short-term liabilities, the process could take 2 or 3 years. The longer it takes and the more attorneys involved, the less likely it will be for you, your ex-spouse, and your children.

The financial settlement you reach is formalized in what is called a separation agreement. This document is legally binding and remains confidential between both parties. However, if you foresee possible problems in the future, you can ask the court to make what is called an injunction. Remember that if you choose to do this, the court will decide how to divide your financial assets – and that may not be what you want. They will also require you to demonstrate that you have attempted a settlement (through a separation agreement), may require you to participate in mediation, and your agreement will become part of the public record.
You can apply to the court for an order at any time after separation, up to 12 months after your divorce is finalised. This procedure is separate from the divorce application procedure.

5. Why should professionals use ACC Law Firm's DDivorce procedure in Korean in 2023 services?

• Legal Expertise in Korean Law: ACC Law Firm specializes in Korean family law and divorce procedures. Their legal professionals possess in-depth knowledge and experience in navigating the intricacies of divorce proceedings under Korean law.

• Current Legal Information: ACC Law Firm ensures that their divorce procedure services are up-to-date with the latest legal requirements for 2023 in Korea. This guarantees that professionals are following the most current and accurate procedures for their divorce.

• Language Compatibility: Dealing with legal matters in a foreign language can be challenging. ACC Law Firm's services are provided in Korean, making it more accessible and understandable for professionals who are fluent in the language.

• Customization: Each divorce case is unique, and ACC Law Firm's services can be customized to meet the specific needs and preferences of professionals, ensuring that the divorce procedure aligns with their individual situation.

• Legal Compliance: Korean divorce procedures must adhere to specific legal standards and regulations. ACC Law Firm's services ensure that professionals' divorce process is legally compliant, reducing the risk of errors or complications.

• Conflict Resolution: ACC Law Firm can assist professionals in addressing any conflicts or disputes that may arise during the divorce procedure in Korea, aiming to reach an amicable resolution whenever possible.

• Time Efficiency: Navigating divorce procedures can be time-consuming. ACC Law Firm's services save professionals time, allowing them to focus on their work and personal life.

• Legal Protection: Having professionally guided divorce procedures offers legal protection by ensuring that professionals' rights and interests are clearly defined and legally recognized under Korean law.

• Confidentiality: ACC Law Firm values client confidentiality, ensuring that all personal and legal information related to the divorce procedure remains private and secure.

Q&A

Question 1: What is the divorce procedure in South Korea in 2023?

Answer 1: In South Korea in 2023, the divorce procedure typically involves the following steps:

1. Separation Agreement: Spouses must first attempt a voluntary separation agreement. If this fails or is not possible, they can proceed to divorce.
2. Filing a Divorce Petition: One or both spouses file a divorce petition with the local Family Court.
3. Mediation: The court may require mandatory mediation to facilitate a divorce settlement, especially if there are children involved.
4. Property Division: Spouses negotiate the division of property and financial assets, either voluntarily or with court intervention if necessary.
5. Child Custody: Child custody and visitation arrangements are determined based on the best interests of the child.
6. Court Decision: If the court finds that the marriage has irretrievably broken down, it issues a divorce decree, finalizing the divorce.

Question 2: Are there any specific requirements for divorce in South Korea in 2023?

Answer 2: Yes, specific requirements for divorce in South Korea in 2023 include:

• The marriage must be irretrievably broken.
• A mandatory waiting period of three months is usually observed from the date of filing before a divorce is granted.

Question 3: How is child custody determined in a South Korean divorce in 2023?

Answer 3: Child custody in South Korea is determined based on the best interests of the child. Both parents can agree on custody arrangements, or the court may decide on custody and visitation if an agreement cannot be reached. Joint custody is becoming more common, but sole custody can be awarded if it benefits the child.

Question 4: Is legal representation necessary for divorce proceedings in South Korea in 2023?

Answer 4: Legal representation is not mandatory for divorce proceedings in South Korea, but it is advisable, especially when complex issues like property division and child custody are involved. Legal professionals can provide guidance, ensure compliance with legal requirements, and help protect the rights and interests of the parties involved.