When a couple of foreign nationality residing in Korea decide to get divorced in Korea, there are certain issues to check such as jurisdiction or applicable laws.
A divorce of non-Koreans in Korea
Does Korean court has jurisdiction over your divorce lawsuit? Probably yes.
When both non-Koreans have established their domicile in Korea, and have lived in Korea for certain amount of time, their marriage and divorce has close relationship with Korea.
According to Act on Private International Law Article 2, provision 1, when the parties and the case in dispute have close, substantial relationship with Korea, Korean court has a jurisdiction over the non-Koreans divorce lawsuit.
One of the spouses may file a lawsuit against the other at the Korean family court that has jurisdiction over her/his domicile.
Note: However the conclusion may vary depending on the actual facts of each case.
Which law is applicable? Korean law or the couple's home country law?
When deciding the applicable law to a divorce case, we should look at Act on Private International Law Articles 39 and 37.
With respect to divorce, the laws applicable would be determined in the following order.
1. the same law of nationality of both spouses;
2. the same law of habitual residence of both spouses;
3. the law of the place where is most closely connected with both spouses.
With respect to divorce, the laws applicable would be determined in the following order.
1. the same law of nationality of both spouses;
2. the same law of habitual residence of both spouses;
3. the law of the place where is most closely connected with both spouses.
In case both spouses are US citizens, it is a bit tricky.
According to the relevant Articles above, if the couple have same nationality, the same law of nationality of both spouses will govern.
In case of the US, each state has its own laws. Therefore pursuant to Article 3, provision 3 of Act on Private International Law, the law designated by the choice provisions under the law of the country shall govern, or the law of a territorial unit which is most closely related with the party shall govern.
In case of the US, each state has its own laws. Therefore pursuant to Article 3, provision 3 of Act on Private International Law, the law designated by the choice provisions under the law of the country shall govern, or the law of a territorial unit which is most closely related with the party shall govern.
Getting divorced in a foreign country can make your life more complicated.
If you need legal help for your divorce in Korea, please do not hesitate to contact me.
If you need legal help for your divorce in Korea, please do not hesitate to contact me.
I, Hyunjoo Ahn, esq. is an experienced lawyer with dual law licences from Korea and Connecticut.
I have studied law and worked both in Korea and US. I can explain Korean legal system in English legal terms that you are familiar with and understand where your concerns are coming from thank to my cross-cultural background.
I have studied law and worked both in Korea and US. I can explain Korean legal system in English legal terms that you are familiar with and understand where your concerns are coming from thank to my cross-cultural background.
Hyunjoo Ahn, Esq. (JD, LLM)
Law Office of Hyunjoo Ahn
Member of Korean Bar Association
Member of Connecticut Bar Association
540-1, Sangmu Building, Sangmu-jungang-ro, Seo-gu, Gwangju, Korea
Tel: 062-373-1298
Fax: 062-443-1298
E-mail: lawyer4expats@gmail.com
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