South KoreaWhat is the process for consensual divorce?
In South Korea, consensual divorce is completed by jointly filing a divorce application at a local Family Court or Resident Registration Office; no court hearing is required if both spouses agree and meet legal requirements.
What the Law Says
South Korean law allows married couples to divorce by mutual agreement without litigation, provided they follow statutory procedures and safeguards.
Consensual divorce in South Korea is governed by the Civil Act and the Family Litigation Act. Both spouses must voluntarily agree to end the marriage and jointly submit a divorce application.
The law requires a mandatory 30-day 'cooling-off period' after filing — during which either spouse may withdraw consent — before the divorce becomes effective. This applies to all consensual divorces, regardless of duration of marriage or presence of children.
Both parties must be at least 18 years old and legally competent. If either spouse is under guardianship or lacks capacity, court approval is required — but such cases fall outside pure consensual divorce.
Statutory TextWhere husband and wife have agreed to divorce, they shall file a joint application for divorce with the family court or the competent resident registration office.
— Family Litigation Act, s. 46 — Divorce by Agreement
Statutory TextThe family court shall, upon receipt of an application for divorce by agreement, notify the parties that they may withdraw their application within thirty days from the date of filing.
— Family Litigation Act, s. 47 — Cooling-off Period
What to Do
Both spouses prepare and sign a written divorce agreement (including matters like property division and child custody, if applicable)
Jointly file the divorce application at either a Family Court or the local Resident Registration Office (where either spouse is registered)
Wait for the mandatory 30-day cooling-off period — neither party may remarry during this time
After 30 days pass without withdrawal, the divorce is finalized and recorded in the family registry
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.