International Divorce & Family Law: South Korea

We provide the specialist legal advice that’s needed when UK citizens based in South Korea and Korean people living in the UK are getting divorced. The legal systems in the UK and South Korea are very different. Advice from an international family lawyer is essential to ensure you obtain the right settlement on finances and property and that you reach an appropriate arrangement with your spouse in relation to your children.

We have outlined some aspects of South Korean family law below that may be relevant to your case.

Background To South Korean Divorce

South Korean society remains one based on the idea of patriarchy and traditional family values but it is rapidly changing into a more Westernised nation and the divorce rate is among the highest in the world. Korean judges have traditionally been viewed in a parental-like role in relation to the public and are granted a high degree of discretion in deciding issues around divorce.

Applying For A Divorce Under South Korean Law

Couples who agree to divorce can do so by mutual consent. Otherwise the system is strictly fault-based with one spouse required to establish one of the following grounds:

  • Adultery
  • Desertion
  • Extreme maltreatment by a spouse or certain relatives
  • Whereabouts of spouse unknown for there years

A spouse can also apply for a divorce on the grounds of some other serious fault-based reason.

Divorce Settlements In South Korea

There are several things to note about the way South Korean judges approach financial settlements and child arrangements:

  • Judges will take into account the age of each spouse, their occupations and what they contributed to the property
  • Historically South Korean judges have attached less value to the work a spouse does to maintain the family home in terms of housework and related matters than to work outside the home
  • Judges may take into account the reason why the couple is divorcing when dividing property
  • The courts have limited scope to divide pensions on divorce
  • There is limited power to award maintenance or alimony. For this reason the financially weaker spouse may obtain a larger lump some than he or she may have otherwise been entitled to
  • In relation to children of the marriage decisions are taken in the best interests of the child, but it’s rare for a father to be given custody of an infant

Advice On South Korean Divorce

We are specialist international divorce and family solicitors. We act for Koreans resident in the UK and spouses of Koreans living here, British citizens in Korea, individuals who married in South Korea and those with other family connections to that country.

Where both countries can legitimately decide on the divorce settlement usually the country that receives a divorce petition first will take precedence over the other. And because of the limitations on maintenance and pension sharing described above and the perception that English courts favour the financially weaker spouse it’s often essential to lodge a petition in the English courts as soon as possible.

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Divorce Videos

Henry Brookman has created several discussion videos in order to further explain some areas of divorce.

International Divorce

Watch Henry Brookman summarise divorce and common divorce myths.

If you have questions, contact us now, we can help you.

Henry Brookman Discusses: Divorce
Henry Brookman Discusses: Common Divorce Myths

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About The Team

We are a specialist divorce and international divorce family law firm, advising clients in the United Kingdom (specifically England and Wales) and throughout the world. We have a very people–orientated approach to working with clients. Our principal Henry Brookman has practised law for over 40 years, and our team has a wide range of skills and expertise. We are recommended by the Legal 500 and have been awarded the Law Society’s quality mark, Lexcel.

Senior Partner

Henry Brookman

Henry Brookman is the founding Partner of Brookman Solicitors, described by The Legal 500 as ‘shrewd, savvy, sagacious and highly experienced’.

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Partner

Talitha Brookman

Talitha is a Partner in the firm and a very experienced practitioner. She has been exclusively practising family law for over 15 years and is a recognised expert in her field.

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Associate Partner

Aziz Malik

Aziz is an Associate Partner at Brookman. He is highly regarded for his expertise on financial matters in divorce and has been recommended by the Legal 500.

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Associate Solicitor

Kevin Danagher

Kevin specialises exclusively in family law, advising on all aspects of relationship breakdown, divorce, same sex marriage, marital agreements, and international family cases.

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Solicitor

Jennifer Douglas

Jennifer is a talented solicitor, experienced in all elements of family law, including high net worth financial proceedings, Children Act proceedings and financial claims.

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Solicitor

Gavin Yeung

Gavin has excellent experience in family law including divorce and financial proceedings and international child abduction proceedings involving Hague Convention countries.

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Chartered Legal Executive

Lorraine Imms

With over 20 years' family law experience, Lorraine can advise on divorce, matrimonial finances, cohabitee disputes, nuptial agreements and private children matters.

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Office Manager

Lorna Martin

Lorna is our Office Manager who oversees the operations of the firm including providing accounts support as well as secretarial support to the team.

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Accounts Manager

Evdokia Dikova

Eva is an AAT qualified accounts manager and holds full AAT membership (MAAT). She gained her degree in financial accounting from the University of Economics in Bulgaria.

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Secretary

Victoria Delatouche

Victoria is a highly experienced Legal Secretary and a long-standing member of the team. She provides secretarial support for the office.

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Secretary

Michelle Louison

Michelle provides secretarial support to Henry Brookman. A very experienced family law secretary, Michelle has worked in law for over 12 years.

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Front of House Manager

Patricia Antonio

Patricia is an experienced secretary and office administrator, handling the calls that come into the office, greeting clients, and managing office presentation.

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