Sunday, August 25, 2013

1-B. When both husband and wife are foreigners and any one of them stays overseas

I am an Italian residing in Korea.  My wife is an African who left home one (1) year ago and is currently staying in London.  I have agreed to divorce my wife and am looking for an easy way for divorce.  Since divorce in Italy takes so long time, I hope to get a divorce in another country.

Q 1) Is there any way to get a divorce in the Korean court without my wife coming into Korea?

Even though either husband or wife stays overseas, if husband and wife agree upon the intention to get a divorce and conditions of divorce, they may get a divorce at the Korean court without the foreign resident coming into Korea.

To follow this way, Husband or wife staying overseas appoints a Korean lawyer as his/her attorney-in-law and applies for divorce mediation procedure at the Korean Family court through his/her attorney-in-law. Then, the Korean lawyer and the other residing in Korea are present at the court on the hearing date for confirmation of their intention to get a divorce. In such way, divorce proceedings may be easily and quickly performed without his/her spouse staying overseas coming into Korea.

In order for the spouse staying overseas to appoint his/her Korean lawyer, he/she should obtain notarization of a power of attorney for the Korean lawyer in the country where he/she resides and send it to the Korean lawyer by e-mail or air mail.

Q 2) Which proceedings will be taken and how much time will it take for divorce?

Husband and wife get a divorce according to the divorce mediation proceedings in Korea which will take one (1) to two (2) months from the date of filing of the application for divorce.

Q 3) What are the documents required?

The required documents are certificate of marriage, copy of passports and certificates of alien registration of both husband and wife (only to the extent alien registration has been made) and agreement on divorce (signed by both husband and wife).

Since the intention of the spouse staying overseas to get a divorce should be certified in writing, the spouse should obtain notarization of the agreement on divorce and a power of attorney for the Korean attorney in the country where he/she stays and then send them to the office of the Korean lawyer by e-mail or air mail.