International Divorce, Custody and Inheritance

If you lived together in Korea and one of you still lives in Korea, or if the person seeking the divorce and the child live in Korea, you can file for divorce in a Korean court. This is true even if the other spouse has returned to their home country.

If both spouses live abroad or have only weak ties to Korea, Korean courts may not have jurisdiction. Before filing, organize where the couple's life was based and where each of you lives now, and first confirm jurisdiction.

If there is a Korean spouse living in Korea, the divorce is governed by Korean law. For a foreign couple, it is governed by the law of their country if they share the same nationality, and otherwise by the law of the place where they live together, in that order. If a foreign couple of the same nationality divorces in Korea, the Korean court will apply the law of their home country.

Support after divorce follows the law that applied to the divorce. The relationship between parents and children is governed by the law of their nationality if the parents and child all share the same nationality, and otherwise by the law of the place where the child lives (Act on Private International Law Articles 72 and 73).

Whether a Korean court's judgment is recognized in the other country depends on that country's law. Some countries do not recognize methods other than a court judgment, such as a divorce by agreement (협의이혼), so if you need to report the divorce in your home country, check the procedure in advance.

Conversely, for a foreign court's divorce judgment to be recognized in Korea, requirements such as the jurisdiction of that court, proper service of process, no violation of public order and reciprocity must be met (Civil Procedure Act Article 217).

If one parent took the child abroad without the other parent's consent, and both countries are parties to the Convention on the Civil Aspects of International Child Abduction (the Hague Convention), a procedure to seek the child's return can be used. Return cases for children brought to Korea are handled by the Seoul Family Court.

If more than 1 year has passed since the removal or retention and the child has settled into the new environment, return may be refused, so you must act quickly. If the child has not yet been taken out of Korea, we also consider applying to the family court for a pre-trial measure (사전처분) or a provisional injunction (가처분).

When a foreigner who worked in Korea dies, inheritance is in principle governed by the law of the deceased's nationality. So you need to check that law to find out who the heirs are and what share each receives. To withdraw Korean bank deposits or a lease deposit, you often need to prepare documents from your home country proving who the heirs are, as required by Korean institutions, and have them translated and notarized.

Conversely, if a Korean national dies and some heirs are family members living abroad, inheritance follows the Korean Civil Act, and the deadline for renouncing the inheritance or accepting it with limited liability (3 months from the day the heir learned the inheritance began) also applies.