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you are here: > Korean Civil Code
> Article 131
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4. Human relationships |
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| 4.2 Standards of union between human beings | ||
| Article 131-Dissolution of certified union | ||
| 131.1 | Dissolution of certified union | |
| A dissolution of a certified legal union is when a legal union is broken, either through the formal application of either party, an external party or the death of either party. | ||
| There are three methods by which a certified union is dissolved: by death of a spouse, nullification or divorce. | ||
| 131.2 | Death of a spouse | |
| A legal union is automatically dissolved in the event of the death of a spouse. In such circumstances, the will of the dead spouse shall be enacted providing it complies to the Rules of Fair Inheritance listed under this code. | ||
| A will that is manifestly unfair under the Rules of Fair Inheritance shall be considered null and void in the event of the death of a spouse. | ||
| 131.3 | Nullification of certified union | |
| A union may be declared null and void if certain requirements are found to have been falsely claimed, and or the terms of a union in good faith have been breached. | ||
| 131.4 | Nullification upon hearing | |
| A union shall be deemed null upon hearing of both parties, upon application up to five years after the date of its execution if: | ||
| (i) It is found that the marriage celebrant was not properly authorized to perform such a ceremony; | ||
| (ii) If one or more of the signatures of witnesses or other key information on the certificate of union is found to have been falsely given/forged; | ||
| (iii) If at the time of the granting of a certificate of union that one of the parties was in a current legal union for which no application had yet been filed for dissolution or nullification; | ||
| (iv) An essential element of permitted union was found to have been in error, or fraudulently stated. | ||
| 131.5 | Divorce of certified union | |
| A divorce is a certified union is where a couple currently joined in a legal union seek by application to have the union dissolved an all community property and custodial orders resolved as separate entities. | ||
| 131.6 | Permitted basis of application for a divorce | |
| A divorce shall only be granted if one or more of the following permitted reasons listed are provided: | ||
| (i) That the other spouse has been charged with a violent, sexually deviant and/or socially depraved crime; | ||
| (ii) That the other spouse has been physically violent and/or threatening and a police report is in existence of the complaint prior to the divorce application; | ||
| (iii) That the other spouse has been charged with a serious crime to which the person seeking the divorce has no involvement, nor has directly or unknowingly indirectly benefitted; | ||
| (iv) That the other spouse has been unfaithful on at least three or more occassions and has previously pledged fidelity and the cessation of such activities on at least two occassions; | ||
| (v) That the other spouse has failed to actively undertake work of some kind to provide a meaningful income to the family, even when they are capable and able to work; | ||
| (vi) That the other spouse is a recognized addict of one or more drugs and has failed to show self discipline and self restraint either in the refusal to undergo drug rehabilitation therapy or the relapse of such behaviour on at least two separate occassions; | ||
| (vii) Unresolved differences for which both parties have previously sought counselling on at least two separate occassions of at least more than two sessions and for which no resolution was found; | ||
| 131.7 | Types of divorce applications | |
| There are two types of permitted divorce applications: | ||
| Consentual Divorce Application | ||
| Contestable Divorce Application | ||
| Consentual Divorce Application | ||
| A consentual divorce application is when both parties sign a divorce application including all the sections contained within regarding the separation of community property and the allocation of custodial rights. | ||
| A consentual divorce application does not require a hearing in court other than the verification of its authenticity and consentual nature by either the individual parties or their legally appointed representatives at the formal lodgment of it. | ||
| Contestable Divorce Application | ||
| A contestable divorce application is when one party seeks a divorce from the other and that the precise nature of community property and custodial rights are disputed. | ||
| A contestable divorce application must be heard in a Court of law, subject to the Judicial Code and the conditions of this Code. | ||
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