Can one spouse file alone?

No—both must normally file and attend the confirmation hearing.

Can the waiting period be shortened?

Yes, for urgent circumstances such as violence, by submitting a request to the court.

Divorce by agreement (South Korea)

⚖️ Law By CampusDown Wiki Editorial Team Last updated October 26, 2026

Divorce by agreement is Korea's uncontested divorce. Spouses agree on the divorce and on arrangements for their children, have their intent confirmed by a family court, and then register it. It accounts for about 80% of Korean divorces.

Contents

1. History
2. Procedure
3. Versus judicial divorce
4. FAQ
5. References

History

Korea's 1958 Civil Act allowed divorce by simple joint registration. After cases of one spouse filing secretly, a 1977 reform required family-court confirmation of both spouses' intent. Divorce rates soared after the 1997 financial crisis, and impulsive divorces and unpaid child support became social issues. A 2008 amendment therefore introduced a mandatory cooling-off period and a required parenting agreement. Divorces have fallen since peaking in 2003, to about 92,000 in 2023.

Procedure

Both spouses file a confirmation request with the family court for their address, along with family-relation and marriage certificates. Parents of minors attend a counseling session and submit an agreement on custody, visitation, and child support. After the cooling-off period (three months with minor children, one month without), both appear before a judge to confirm their intent. The court's child-support record is enforceable like a judgment. The divorce takes effect only when it's registered at a district office within three months of receiving the confirmation. If no one registers it, the confirmation lapses. The waiting period can be shortened or waived for urgent reasons such as domestic violence.

Versus judicial divorce

If one spouse refuses, or the two can't agree on terms, divorce must be sought in court on one of six statutory grounds in Civil Act Art. 840, such as adultery or desertion. Even after an agreed divorce, property division can be claimed within two years and consolation money within three years of learning of the harm. Notarizing the terms or recording them in court mediation helps prevent disputes. In late-life divorces, pension splitting also needs attention.

FAQ

Can one spouse file alone?: No—both must normally file and attend the confirmation hearing.
Can the waiting period be shortened?: Yes, for urgent circumstances such as violence, by submitting a request to the court.

Sources reviewed: 2026-10-26

References

민법 제834조~제839조의3(협의상 이혼).
가사소송법 및 대법원 「협의이혼의사확인 절차」 안내.
통계청. (2024). 「2023년 혼인·이혼 통계」.

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This article was last updated on October 26, 2026. It is based on widely recognized original works and textbooks; when citing it in a paper, please check the original sources listed in the references.