If you divorced without property division

Start with what you can do today.

If fewer than three months remain until the deadline, file first rather than gathering more material. The claim can be filed with just the assets you know of, and the rest is supplemented within the procedure.

• Get a detailed marriage relationship certificate (혼인관계증명서 상세) and check the date the divorce was reported or the judgment became final. Mark on your calendar the day 2 years from that date.
• Write down the assets in your ex-spouse's name as far as you know them. Even without exact amounts, bank names or the apartment building and unit number are enough.
• If you wrote an agreement or pledge at the divorce, find it.
• If you hear that your ex-spouse has listed the home for sale or is moving deposits, write it down with the date.

Even if your ex-spouse says 'I'll share it with you later', do not just take their word for it and wait. The 2-year period does not stop because you made a demand, so it can run out while an agreement drags on.

Picking only a few certain assets to claim first is also risky. If the period passes while you are trying to add the remaining assets later, you cannot receive that part.

Also be careful about announcing 'I'll sue' when contacting your ex-spouse about dividing property. They may dispose of or move the assets in the meantime. If there are assets you are worried will be disposed of, it is safer to apply for provisional attachment (가압류) together with the claim.

The deadline is met only if a mediation application or petition for a ruling on property division (재산분할) is filed with the family court (Civil Act (민법) Article 839-2(3)). For a claim after a divorce by agreement, the assets to be divided and their values are set as of the time the divorce took effect.

If you do not know your ex-spouse's assets, apply for an asset disclosure order (재산명시) and asset inquiry (재산조회), and if there is a risk of disposal, first secure a provisional attachment or an injunction against disposal (처분금지가처분). If little time remains, file first even if you have not gathered all the material, and supplement it later.

If your ex-spouse handed over some assets at the divorce by agreement, those are also part of the settlement. Your share must be calculated out of all the assets, combining what you have already received and what you will receive, so write down every payment and item exchanged at the divorce.

If agreement is reached in mediation, the mediation record (조정조서) should clearly state the assets to be transferred, the amount to be paid and the payment deadline. Vague wording leads to new disputes later at the enforcement stage.

The claim is filed with the family court with jurisdiction over the other party's address (Family Litigation Act (가사소송법) Article 46). If your ex-spouse has moved, you need to confirm the current address with a resident registration abstract, which you can obtain within the lawsuit procedure through the court's correction order.

According to a Supreme Court decision of June 22, 2018 (2018스18), if assets that were not dealt with at all in the property division proceedings are discovered later, an additional division can be claimed. However, that additional claim must also be made within 2 years of the date of divorce.

The same decision held that if only some assets were claimed within the 2 years, the right to claim the remaining assets disappears once the period passes. That is why you must list every asset you know of when you first file.

If your ex-spouse transferred assets into the names of family members or acquaintances ahead of the divorce, a lawsuit to revoke the disposal as a fraudulent act (사해행위취소) can also be considered (Civil Act Article 839-3). It cannot be filed once 1 year has passed since you learned of the disposal, so record the date you found out.

At Jisan Law, the managing partner consults with you personally, calculates the deadline, and sets the order of filing and preservation measures based on the time remaining. When the asset inquiry results come in, we expand the claim so that no assets are left out.