Q
My wife and I are both British, both working in Seoul on E-7 visas for the last five years. We got married in England eight years ago. The marriage has simply run its course — no drama, no kids, and we've already agreed how to split the money we saved here. We'd both like to leave Korea within the next year, separately, and we'd rather have the divorce done before we go than start a process in the UK from two different countries.
A Korean colleague told us there's a quick "divorce by agreement" where you go to the family court together, wait a month, and it's done. That sounds ideal. But when we called the court, we got a confusing answer about "which law applies" and that as foreigners we "might not be eligible." Now we're not sure whether Korea can divorce two British people at all, or whether the divorce would even count back home.
So: (1) Can a Korean court divorce us if neither of us is Korean? (2) Is the fast agreement route open to us, or do we have to do something else? (3) If we get divorced here, will the UK recognize it, or will we have to do it again there? We'd like to keep this as simple and as final as possible.
A Answer
Yes, a Korean court can divorce two British nationals who live here. What the court was trying to tell you is that the fast counter route may not be the one you end up using — but there is an equally uncontested route that gets you a court document the UK will recognize, and it is usually done in a few months.
Can you divorce in Korea, and under which law
Jurisdiction is straightforward. Under Article 56 of the Act on Private International Law (국제사법, gukje sabeop), a Korean court has international jurisdiction over a matrimonial case where the spouses have their habitual residence here. Five years in Seoul on E-7 visas is habitual residence.
Applicable law is where it gets interesting. Article 66 applies the rules for marital effects: the spouses' common national law comes first. You are both British, so in principle the Korean court applies English law to the question of whether and on what basis you can divorce, not the Korean Civil Act. That is what "which law applies" meant. It is not a barrier — Korean family courts handle foreign-law divorces regularly — but it shapes the route.
Which route: agreement, mediation, litigation
Divorce by agreement (협의이혼, hyeobui ihon) is the counter procedure your colleague described: joint appearance, a cooling-off period (숙려기간, sungnyeo gigan) of one month without minor children, then confirmation. It is available to foreign nationals in principle. The practical complication is that the confirmation is granted only where the applicable law permits divorce by simple agreement. Where a couple's common national law contemplates a court-ordered divorce rather than a registered agreement, some family courts decline to confirm, and couples in your position are directed to the second route. Whether the court you approach will accept a British couple is worth checking before you book the appointment; do not assume either way.
The second route is mediation (조정, jojeong): one spouse files, the other consents, and the family court issues a mediation record (조정조서, jojeong joseo) recording the divorce and the agreed terms. It has the force of a final judgment. For a couple who already agree, it is one or two short hearings, no dispute, and the result is a court order — which, for recognition abroad, is often more useful than a registered agreement.
Children, property and support
No children keeps this short. Your agreed division of Korean savings can be written into the mediation record as property division (재산분할, jaesan bunhal), which makes it enforceable if anyone later changes their mind. Assets outside Korea can be included by agreement, though enforcement abroad depends on that country. Consolation money (위자료, wijaryo) is not in play in an uncontested case.
Leaving Korea: service and timing
Both of you are in Korea, so service is domestic and immediate. The point that matters is sequencing: the process must be finished, not just started, before you both leave. If one of you leaves mid-case, the other can still proceed, but service abroad adds months. Plan the filing so the final record is issued while you are both here.
What this means for your stay in Korea
Nothing. E-7 status is tied to your employment, not your marriage. Divorce has no bearing on either visa.
Practical insight
The step people in your position skip is recognition at home. A Korean divorce obtained through court proceedings, where both parties were habitually resident in Korea, is the kind of foreign divorce that is generally recognized in the UK without a second proceeding. But recognition is not automatic paperwork: you will want the Korean court record with an apostille and a certified English translation before you leave, because obtaining those from abroad is slow. If either of you plans to remarry or deal with property in England, that bundle is what the registrar or solicitor will ask for. Assemble it here, while you still have a Korean address and a way to visit the court.
The route you take should be decided by a five-minute check with the court on the national-law point, not by trial and error. We can do that check and map the timeline for you — by text consultation or at +82-2-522-3959.
— MEGA X Law Firm Korea, International Family Law Team
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