Family
Judicial confirmation required even for divorce by agreement
Family matters are heard by specialist family courts. Even an agreed divorce needs judicial confirmation, and a statutory reflection period applies before it can be granted.
Key rules
- Jurisdiction — Seoul Family Court and family divisions of district courts; the family register replaced the abolished household head system.
- Deadline — One-month reflection period for couples without minor children
- Deadline — Three-month reflection period where there are minor children
Governing law
- Civil Act of Korea, Book FourRelatives
- Family Litigation Act
- Act on Special Cases Concerning Punishment of Domestic Violence
In practice
The patriarchal hoju household-head register was abolished in 2008 following a Constitutional Court ruling and replaced with individual family registers. Same-sex marriage is not recognised, although a 2024 Supreme Court decision extended national health insurance dependent coverage to a same-sex partner. Marital property is separate in principle, but division on divorce is based on contribution and routinely produces a substantial award to a non-earning spouse. Both parents retain parental authority unless the court orders otherwise, and child support follows published guideline tables.