Table of Contents
In this article, we will briefly summarize the procedure for consensual divorce and explore the required documents for filing a consensual divorce application and the necessary documents for divorce registration.
Consensual Divorce Procedure
The procedure for consensual divorce can be summarized as follows:
- The couple attends the competent court together to apply for confirmation of their intent for consensual divorce.
- When filing a consensual divorce application, the following documents must be submitted: application for confirmation of consensual divorce intent, each spouse’s family relations certificate, and marriage certificate.
- Attend the court on the designated date to receive the divorce intent confirmation certificate.
- After receiving the certificate, within three months, submit the certificate to the family registration office or local district office responsible for the family registration criteria or address jurisdiction to complete the divorce registration.
- Once the divorce is registered, it is legally recognized as finalized.
Required Documents for Consensual Divorce Application to the Court
The following documents must be submitted when applying for confirmation of consensual divorce intent:
- Application for confirmation of consensual divorce intent (1 copy) This form should be completed jointly by the couple, and the application form template is available at the comprehensive civil affairs office of the court.
- Each spouse’s family relations certificate and marriage certificate (1 copy each) These documents can be obtained from the local district office or neighborhood office.
- Resident registration certificate (1 copy) This is only required if applying for confirmation of consensual divorce intent at the court with jurisdiction over the address.
- If one of the spouses is residing abroad, a copy of their overseas Korean national registration certificate is required. If one of the spouses is incarcerated, a copy of the incarceration certification is required.
- If there are minor children (including pregnant individuals, but excluding children who will reach adulthood within the court-specified divorce waiting period), after receiving guidance on matters related to divorce, submit one copy of the agreement on child custody and parental authority determination, along with two copies of the agreement or three copies of the judgment and final confirmation certificate from the Family Court. However, if both spouses attend together to apply and receive guidance on divorce matters, the agreement can be submitted until one month before the confirmation date, and the judgment and final confirmation certificate can be submitted until the confirmation date. If one of the spouses is residing abroad or incarcerated, these documents must be submitted at the time of application.
Considerations for Reporting Consensual Divorce to the Registry Office
- Within three months from the date of receiving the divorce intent confirmation certificate, either one or both parties should attach the confirmation certificate to the family relations registration criteria or submit it to the local district office or neighborhood office responsible for the address jurisdiction for divorce registration.
- If there are minor children, the agreement or judgment and final confirmation certificate must be attached to declare parental authority when filing for divorce. For pregnant individuals, the agreement or judgment and final confirmation certificate should be attached when filing for the child’s birth registration, not at the time of divorce registration.
- Required documents for divorce registration:
- Confirmation certificate issued by the court (1 copy)
- Divorce registration form
- Identification and seal of the applicant
Even if the divorce intent is confirmed by the court, it is not considered finalized until the divorce is registered. If the specified period has passed, divorce registration cannot be made without obtaining confirmation of divorce intent from the court again.
If the confirmation certificate is lost, you must either reapply for confirmation of divorce intent at the court or, if the three-month period has not passed since receiving the confirmation certificate, obtain confirmation of divorce intent from the court and re-obtain the confirmation certificate for divorce registration.
FAQ on Consensual Divorce Application
Q1: Where should I submit the application for confirmation of consensual divorce intent?
A1: The application for confirmation of consensual divorce intent should be submitted to the competent Family Court. The competent Family Court refers to the court that has jurisdiction over the registration criteria (family relations registration) or address of the couple seeking divorce.
Q2: How should I fill out the application for confirmation of consensual divorce intent?
A2: The application for confirmation of consensual divorce intent should be completed jointly by the couple. The court will provide a form at the application reception desk. Careful attention should be paid to filling out the form accurately.
Q3: What should I be aware of when filling out the application for confirmation of consensual divorce intent?
A3: When filling out the application for confirmation of consensual divorce intent, it is important to provide accurate information. All sections should be completed, and both spouses should sign the application.
Q4: What documents should be submitted along with the application for confirmation of consensual divorce intent?
A4: Along with the application for confirmation of consensual divorce intent, each spouse should submit their family relations certificate and marriage certificate. The resident registration certificate is only required if applying for confirmation of consensual divorce intent at the court with jurisdiction over the address.
Q5: When will the confirmation date be determined after submitting the application for confirmation of consensual divorce intent?
A5: The court will set the confirmation date after the application for confirmation of consensual divorce intent is submitted. The exact confirmation date will be notified by the court after the application is filed.
Q6: Are additional documents required to be submitted after submitting the application for confirmation of consensual divorce intent?
A6: After submitting the application for confirmation of consensual divorce intent, additional documents may be required. For example, if there are minor children, an agreement on child custody and parental authority or a judgment and final confirmation certificate may need to be submitted.
Q7: When will I know the result after submitting the application for confirmation of consensual divorce intent?
A7: After submitting the application for confirmation of consensual divorce intent, you will attend the confirmation date and receive the confirmation certificate from the court. The result will be known after the confirmation date.
Q8: Are there any fees involved when submitting the application for confirmation of consensual divorce intent?
A8: There may be certain fees involved when submitting the application for confirmation of consensual divorce intent. Please inquire with the respective court for the specific fee details.
Q9: Can I modify or withdraw the application for confirmation of consensual divorce intent after submission?
A9: After submitting the application for confirmation of consensual divorce intent, you cannot modify or withdraw the application. Therefore, careful review of the contents should be done before submission.
Q10: How can I check the status of the application for confirmation of consensual divorce intent?
A10: After submitting the application for confirmation of consensual divorce intent, you can inquire with the competent Family Court to check the application status. The court will provide guidance on the status of the application.
Reference : Divorce by Consent and Judicial Divorce: Which Method Is Better?