Is an infidelity pledge from your spouse legally binding?

• Whether you have the original pledge, and whether your spouse wrote and signed it personally
• Whether facts such as the affair partner, the period and where they met are stated specifically
• Whether the date of writing is stated
• Whether the situation was one in which coercion or threats could be alleged
• Which promises it contains: money, property, custody or divorce

The most useful part of a pledge is not the promises but the passages admitting facts. If your spouse wrote down who the affair partner is and when they started seeing each other, it becomes important evidence in a divorce lawsuit and an affair lawsuit.

Your spouse may later claim "I was forced to write it," so it helps to keep messages showing the situation on the day it was written, or a recording of a conversation you took part in. A declaration of intent made under duress can be revoked (Civil Act (민법) Article 110), so how the pledge was written becomes a point of dispute.

A promise to give up all property division (재산분할) in the event of divorce is an advance waiver made before the divorce, so as a rule it has no effect (Supreme Court Order 2015스451, issued January 25, 2016). Parental authority and custody are also decided by the court based on the child's welfare, so writing a waiver in a pledge does not make it so.

A monetary promise such as "If I cheat again, I'll pay this much" may be recognized as valid. However, if the amount is excessive, the court may treat it as liquidated damages and reduce it (Civil Act Article 398), and any part contrary to good morals may be void (Civil Act Article 103).

• Waiving all property division: an advance waiver made before divorce, so as a rule it has no effect
• Waiving parental authority or custody: the court decides separately based on the child's welfare
• Agreeing to divorce unconditionally: the intention to divorce must exist at the time of divorce, so it is hard to enforce
• Paying a set sum upon breach: may be recognized, but can be reduced or partly invalidated

A pledge with your spouse is separate from the affair partner's liability. Unless the pledge says you waive claims against the affair partner, you can claim compensation (위자료) from the affair partner separately, and the pledge becomes evidence of the infidelity in that lawsuit.

If your spouse promised in the pledge to pay the affair partner's share as well, the terms must be aligned with that when you settle with or sue the affair partner. You cannot be compensated twice for the same harm.

Notarization makes it hard to dispute who wrote it and when. However, a promise whose content itself has no effect, such as an advance waiver of property division, does not come back to life through notarization.

A monetary promise can be made into a notarial deed (공정증서) with consent to compulsory execution, but if there is a dispute over whether the affair actually happened again, the matter may still have to go before a court.

• Make the admission of facts specific (the other person, the period, the places)
• Keep the no-contact promise and the amount payable on breach within a realistic range
• Know that wording waiving property or custody has weak effect even if included
• Date it, have it signed by hand and, if possible, notarized

Jisan Law separates the parts of a pledge you have already received that can be used as evidence from the parts with weak effect, and if you are writing a new one, works out wording with you that can actually be used. We also make sure its content does not conflict with any settlement agreement with the affair partner. A managing partner handles the consultation personally, and we explain the fees after the consultation. You can send us a message through the chat on this page at any time.