Divorce by agreement:
it is not finished until the money issues the court does not review are settled

Steps from agreement to reporting

Spouses may divorce by agreement (Article 834 of the Civil Act), but agreement alone does not end the marriage. The divorce takes effect only when the intention to divorce has been confirmed by the family court and the divorce is reported with a certified copy of the confirmation attached (Article 836(1)). The application for confirmation is filed with the family court having jurisdiction over either spouse's place of family registration or address, and if both spouses live abroad, the Seoul Family Court handles it (Article 75(1) of the Act on Registration of Family Relations). A report with the certified copy attached is deemed to bear the joint signatures of two witnesses (Article 76 of the same Act).

1. Apply and attend the guidance sessionBoth spouses file the application together and then attend the divorce guidance provided by the court. The court may also recommend counseling with a professional counselor at this stage (Article 836-2(1) of the Civil Act).
2. Wait out the deliberation periodCounting from the day of the guidance, confirmation is available after three months if there is a child to be raised or a pregnancy, and after one month otherwise.
3. Submit the agreementIf there are minor children, submit an agreement on child rearing and parental authority, or the original of a family court ruling, before the confirmation hearing.
4. Both spouses appear at the hearingBoth spouses state their intention to divorce in person before the judge. If either spouse does not appear, the confirmation does not take place that day.
5. Finish by reportingReport the divorce within three months of receiving the certified copy from the court (or of the date of service if received by mail). If you miss the deadline, the confirmation becomes useless and you return to the first step (Article 75(2) and (3) of the Act on Registration of Family Relations).

What to decide for minor children

Spouses with children to raise must agree on who will raise the children, who will pay how much child support, and whether and how visitation will take place (Article 837(1) and (2) of the Civil Act). Who will exercise parental authority is decided at the same time (Article 909(4)). If the agreed terms appear not to benefit the child, the court may order them corrected or decide them itself (Article 837(3)).

The court records and confirms the agreed child support in a child support record. Because Article 41 of the Family Litigation Act applies mutatis mutandis to this record, it has the force of an enforceable title, so if payments stop, you can proceed directly to compulsory enforcement without a new lawsuit (Article 836-2(5) of the Civil Act). Adulthood is age 19 (Article 4), so it is best to state that standard clearly when writing the end date of payments. The tools available when payments fall behind are covered in the Child Support Enforcement Guide.

Put property and compensation for non-economic damages in a separate document

In the confirmation process, the court examines only the intention to divorce and the child-rearing terms. Compensation for emotional distress (compensation for non-economic damages, wijaryo), property arrangements, how pensions will be divided, and the assumption of loans must be set out by the spouses in a separate document. If you have only a private document, you will need another lawsuit if the promise is broken, so for any payments, consider making a notarial deed that allows compulsory enforcement, or going through mediation from the start so the terms are recorded in a mediation record. If you divorced first without an agreement, the deadline for a property division (officially “division of property”) claim is two years from the date of divorce (Article 839-2(3) of the Civil Act). More on Property Division →

• Homes and land · State to whom title will be transferred, when the documents for the transfer registration will be handed over, and who will assume the remaining loan.
• Severance pay and pensions · Decide whether to settle now in a lump sum or to claim a split pension separately later. Split Pension Guide
• No-further-claims clause · Make clear which claims are covered by a clause such as "neither party will make any claims against the other in the future."

When a divorce by agreement does not work

If one spouse refuses to divorce, cannot be reached, or does not appear at the hearing, a divorce cannot be achieved by agreement. In that case, change course by applying for mediation or filing a divorce lawsuit. If you agreed to the divorce because you were deceived or threatened, you may ask the family court to annul the divorce within three months of the day you discovered the fraud or were freed from the duress (Articles 838, 839 and 823 of the Civil Act).

Frequently Asked Questions

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Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026