Types of divorce
Amicable divorce
It is a divorce that comes into effect when a married couple agrees to divorce, have their intention confirmed in front of a judge, and report it according to the Family Register Act.
Judicial divorce
It is a divorce that comes into effect by the court’s judgment when a married couple cannot agree on a divorce even though there are grounds for divorce according to the law. It can be divided into ‘Divorce by mediation‘and ‘Divorce by lawsuit.’
It is a way to seek divorce when a married couple do not agree on the divorce and the divorce comes into effect by the court’s judgment based on the grounds for divorce.
This system is introduced to settle disputes between married couples fast and economically through the negotiation and concession of parties rather than through a lawsuit. A mediation committee consisting of a judge and people of high learning and virtue mediates the parties. First, it is recommended to have a healthy marriage relationship and if divorce is unavoidable, it is handled to minimize the effects on children. It is the most reasonable procedure to minimize the impact of a family breakup.
Grounds for divorce
When a spouse commits adultery
The properties accumulated during the marriage are divided according to one’s contribution. In general, the property of a spouse before marriage is not subject to property division in principle. However, if the other spouse cooperated with the maintenance of the property, it is subject to division. Debts other than living expenses are not subject to division. However, if a debt originated from accumulation of community property, the debt is subject to division.
When a spouse abandons the other spouse intentionally
This is the case where a person abandons his/her responsibility as a spouse, such as living together orsupporting and cooperating with the spouse, without a due cause and abandons the spouse.
When a person is badly treated by the spouse or the spouse’s parents
This is the case where a person is assaulted, abused or insulted severely to the extent that continuation of marriage becomes very difficult. An injury certificate could be used as evidence.
When a person’s parent is treated badly by the spouse
This is the case where a person’s parent is assaulted, abused, or insulted severely by the spouse.
When the life or death of the spouse can’t be confirmed for more than 3 years.
This is the case where the spouse can’t be contacted for more than 3 years due to missing or other reasons.
Other important reasons that make continuation of marriage very difficult
This means that the marriage relation, which should be based on love and trust, is damaged severely to the extent that continuation of marriage will cause unbearable suffering to a spouse, and this can be recognized case by case. Examples include imprisonment of the spouse for heinous crime, excessive religious life, sexual dysfunction, and severe mental illness.
Division of properties
The properties accumulated during marriage are divided according to one’s contribution. In general, the property of a spouse before marriage is not subject to property division in principle. However, if the other spouse cooperated with the maintenance of the property, it is subject to division. Debts other than living expenses are not subject to division. However, if a debt originated from accumulation of community property, the debt is subject to division.
Alimony
Alimony is claiming compensation for mental damages to the spouse who is the guilty party.
Child custody
The person holding parental rights and the person having the custody of the child are decided in consideration of various circumstances. Child support needs to be paid by the parent who does not have the custody of the child until the child reaches the age of 20. Visiting right is the right of the parent, who does not have the custody, to meet the child regularly.
What is inheritance?
Inheritance is the transfer of property rights and responsibilities (including debts) to the spouse and relatives of the deceased.
Order of inheritance
01. Spouse and children of the deceased
02. Parents of the deceased
03. Siblings of the deceased
04. Blood relatives up to first cousin of the deceased
* Spouse
The spouse of a deceased is always an heir. If there are children or parents of the deceased, the spouse’s order of inheritance is the same as theirs. And if there is no child or parent of the deceased, the spouse becomes the sole heir.
* Fetus
When deciding the order of inheritance, a fetus is considered as a child.
Types of inheritance
Succession per stirpes
Inheritance of the contributed portion
Inheritance of a reserve
Inheritance through a notarized will
Inheritance through a will
Renunciation of inheritance
Limited approval for inheritance
Methods of inheritance
Renunciation of inheritance
It is important to find out all financial assets and liabilities and real estate assets accurately and make a decision.
1 year after the renunciation of inheritance, you cannot claim any inheritance even if very valuable property is discovered later.
Therefore, it is very important to search all assets thoroughly when you are considering renunciation of inheritance
Limited approval for inheritance
It is a method used when the debts and properties of the deceased are not clear. This system allows the heir to pay back the debts within the range of the inherited properties.
Inheritance registration is a procedure to transfer the real estate owned by the deceased to the heir and register it in the name of the heir. It can be done for an individual or multiple individuals.
