Foreign marriage in Korea

If you want to buy a house, of course. There is only one way to ensure your personal property divorce.

1, property notarization before marriage

2. Apply for+buy real estate on the grounds of immigration.

There is no detailed legal classification in Korea, so everything should be found in the civil law. Let me tell you about the legal provisions related to marriage, hoping to help you!

There is no separate law in Korea, but it is stipulated in the Civil Code.

South Korea's population policy implements a system of giving various special preferential treatments to families with two or more children.

1, engaged:

Korean civil law has provisions on engagement. That is, it is stipulated that men 18 years old and women 16 years old can be engaged or married with the consent of their parents. (Article 807 of Korean Civil Law) Adults can freely get engaged or get married. After engagement, the law cannot force marriage. However, when the engagement is dissolved, the party at fault shall be liable for damages to the other party. (Article 806 of the Korean Civil Code)

2. get married:

The legal age for marriage is 18 for men and16 for women; Bigamy is not an invalid marriage reason, but a revocable marriage reason. In addition, the Korean civil law also stipulates that marriage is also prohibited between relatives within 8 degrees of kinship and between in-laws within a certain range. Therefore, the scope of prohibiting marriage is much wider than that of our country. Illness is not a reason for prohibiting marriage, but it can be a revocable reason for marriage if you conceal that you have a serious illness.

South Korea stipulates that when registering a marriage, both parties to the marriage do not need to go to the marriage registration office in person, and the parents, friends or third parties of the parties can submit written documents on behalf of the parties to apply for marriage. The marriage registration authority only conducts formal examination of written documents and does not issue marriage certificates. At this point, it is different from the regulations in China.

3. Invalidity and revocation of marriage:

Korean civil law stipulates that the following marriages are invalid: ① Both parties have no intention to get married; (2) between lineal blood relatives, between collateral blood relatives within Grade 8, and between people who are or have been related to their spouses; (3) The consanguinity of a person who is related by marriage or has been related by marriage is within Grade 8 (Article 8 15 of the Marriage Law). In addition, it is stipulated that marriage can be revoked under the following circumstances: marriage between certain relatives (article 809, paragraph 2, of the Korean Civil Code); Underage for marriage; Bigamy; I didn't know that my partner had a malignant disease (such as gambling, alcoholism, AIDS patients, etc.) when I got married. That can't continue your marriage; Expression of intention to get married due to fraud or coercion (Article 8 16 of the Korean Civil Code). After the marriage relationship is revoked, it has no retroactivity (Article 824 of the Korean Civil Law). The marriage relationship was dissolved after the judgment was invalid. When the marriage is invalid or revoked, the innocent party has the right to claim damages. When a marriage is dissolved, it enjoys the same claim for property division as when it is divorced (Article 2, paragraph 1 of the Korean Family Procedure Law, Class E Event No.4).

There is a time limit for the exercise of the right to cancel a marriage. For example, if a marriage request is cancelled due to fraud or coercion, and the right to request is not exercised within three months from the date when it is known that the marriage request has been defrauded or freed from coercion, the right to request is extinguished (Article 823 of the Korean Civil Code); If the marriage is dissolved due to one party's serious illness or other major reasons, the right of claim shall be extinguished after more than six months from the date of knowing the major reasons (Article 822 of the Korean Civil Law); Revocable consanguineous marriage, if both parties have given birth to children, the right of revocation is extinguished (Article 820 of the Civil Code). In addition, Korean civil law has special provisions on the dissolution of marriage. That is, women are not allowed to remarry within six months from the date of the end of the marriage relationship (Article 8 1 1 of the Korean Civil Code). The civil law stipulates the so-called period of prohibition of remarriage, and those who violate this provision belong to revocable marriage.

4, the effectiveness of marriage:

(a_) Parent-child relationship

Korean civil law stipulates that children take their father's surname in principle. In Korea, the relationship of rights and obligations between adopted children and biological parents has not been eliminated. In Korea, the relationship between stepparents and stepchildren, first mothers and daughters is not parent-child relationship, but in-laws.

(b) Validity of matrimonial property (matrimonial property system)

Marital property agreement. Paragraph 1 of Article 829 of the Korean Civil Code stipulates that both men and women can agree on pre-marital property relations, and before the marriage relationship is established, they should register according to the special procedures stipulated in the Non-Litigation Procedure Law before they can fight against the third party. That is, it should be registered in the marital property agreement register of the registration authority. China's marriage law stipulates that "husband and wife" can make an agreement on property. Therefore, after the marriage is established, a marital property agreement can also be signed.

5. Legal matrimonial property system:

According to Korean civil law, pre-marital property and property acquired in one's own name during the marriage relationship belong to personal property (unique property), which was acquired during the marriage relationship, but the name cannot be determined, so it is presumed that both husband and wife have property (Articles 830 and 83 1 of Korean Civil Law). Property acquired in the name of an individual during the marriage relationship belongs to the individual's unique property, and the owner has the right to manage, use, benefit and dispose of it by himself (separate property system, article 83 1 of Korean civil law). There is something wrong with this clause. Because professional housewives in Korea are the majority, that is, housewives who do not participate in social work and specialize in housework, it is impossible for a wife to obtain property in her own name during the marriage relationship. Therefore, there is a criticism that the current marital property system cannot reflect the property value of women's housework. This has brought bad consequences to wives, that is, women, so there have been many arguments about the marital property system. In September last year, amendments to the civil law on the marital property system were submitted to the Legislative and Judicial Committee of the National Assembly. In this revision, it is proposed that as long as residential houses or related property rights are involved, neither husband nor wife can unilaterally dispose of the property under either party's name. One party arbitrarily disposes or wants to dispose of the residential house or the property related to it, and the other party may also request the division of the property, although it is during the marriage relationship. In this way, it is advocated to modify the existing marital property system in the direction of * * *.

6. Divorce system:

(1) divorce by agreement

Korean civil law stipulates that if both parties agree to divorce, they should first go to the family court to obtain proof of divorce intention. However, in recent years, due to the rising divorce rate, the relevant departments are considering that before the court issues the confirmation certificate, in order to make the parties seriously consider it, it is necessary to stipulate the divorce review period, let the parties reconsider it, or let them consult with a consulting institution, so that the divorce procedure will become cumbersome. After receiving the confirmation certificate of divorce intention from the court, you can apply for divorce with this confirmation certificate. However, the parties to the divorce application may not be present in person, and others may apply on their behalf. In addition, the organ accepting the divorce application does not make substantive examination, but only accepts the divorce application after examining whether the written documents are complete, and divorce has been established since then.

(2) Mediation and divorce judgment:

In South Korea, if an agreement cannot be reached on divorce and an application for divorce is filed with the family court, the court will first send the case to the mediation procedure of the mediation committee (Article 50 of the Family Procedure Law). The mediation committee is chaired by a judge and consists of three or four social celebrities, such as professors, psychologists or doctors.

The reasons for divorce request stipulated in Korean civil law include: ① the spouse has improper behavior; ② One spouse maliciously abandons the other; (3) Being seriously mistreated by his spouse and his immediate family members; (four) the immediate family members are seriously abused by their spouses; (5) The spouse's whereabouts are unknown for more than three years; ⑥ Other main reasons that make marriage difficult to maintain. Other main reasons that make marriage difficult to maintain include spouse's criminal behavior, severe alcoholism, narcotic poisoning, and sometimes impotence. Simple emotional breakdown or separation cannot be the cause of divorce. If one party is at fault, the other party may request a divorce judgment.

(3) the impact of divorce:

(A) the right to divorce property division

Korean law stipulates that the purpose of enjoying property in whatever name is to liquidate the property according to the contribution to the property obtained from marriage, so the principle of "taking care of the rights and interests of women and children" is not adopted. That is to say, the property owned by * * * is of course divided according to its share. For the property that husband and wife have worked hard to obtain during the marriage relationship, although it is the property under the name of the man, the contribution of the woman's housework should also be recognized. Therefore, the property during the marriage relationship, whether it is a separate property or not, must be divided. The specific division can be decided by both parties through consultation. If negotiation fails, the family court will mediate; If mediation fails, the court will decide. The amount and method of property division shall be determined according to the amount of property jointly acquired by both parties and other circumstances (Article 839, paragraph 2, of Korea). The court ruled according to such abstract principles and standards. The right to claim the division of property will be extinguished after two years from the date of divorce (Article 839 2-3 of the Korean Civil Code).

Life support (alimony)

There is no similar provision on the post-divorce financial assistance system in Korean civil law.

(c) claims for damages

At the time of divorce, one spouse has the right to claim compensation for property damage and mental damage from the other spouse who is at fault (Articles 843 and 806 of the Korean Civil Code).

7. Marriage Law and Provisions on Domestic Violence:

South Korea has two special laws on domestic violence. The first is the Law on Punishment of Crimes of Domestic Violence and the Special Law on Prevention of Domestic Violence. If domestic violence is committed, although there is no clear statutory reason for divorce, it will also become a reason for divorce because of improper treatment by one spouse. If it constitutes an illegal act, there will be a claim for damages arising from the illegal act. If you divorce because of this, of course, you will have the right to claim compensation for divorce damages. In addition, the criminal punishment for domestic violence can be based on the Domestic Violence Punishment Law, the General Criminal Law and other laws, and does not need to be stipulated in the Civil Law. China's Marriage Law not only stipulates the relevant situations of domestic violence, but also stipulates its criminal sanctions and prosecution procedures. It can be understood that this is the cross provision of marriage law and criminal law, and it is the same phenomenon between marriage law and criminal law.