1. The Client’s Situation

The client had been in a de facto separated state from their spouse for a long period of time. Childcare had been handled entirely by the spouse, and the client had been paying child support every month without fail. Both sides had agreed to divorce, and they had also discussed child support and property issues to some extent.

However, reaching an agreement and having matters legally settled are different things. The amount to settle any past unpaid support had to be determined, and the specific amount and payment timing of future child support also had to be included in the mediation record. How to handle the division of public pension rights, and how to prevent the other party from making additional claims after the divorce — even if both sides agreed, these issues would remain unresolved later unless they were legally finalized.

In particular, both the client and the child wanted the conflict between the parents to be resolved as quickly as possible. Because the child was experiencing emotional difficulties, including avoiding conversations about the parents’ divorce, prompt closure of the proceedings was necessary.

2. Key Issues

Although there was agreement on the divorce itself, there were still matters that needed to be legally finalized.

There were issues involving past child support and settlement payments. The client had been paying child support, but some amounts remained unsettled during the initial negotiations. If the specific amount and payment date were not legally fixed, a dispute could later arise saying, "We never made such an agreement." Verbal agreements between the parties have no legal enforceability.

Parental rights, custody, and future child support also had to be clearly stated in the mediation record. Although there was agreement that the spouse would raise the child and the client would bear the child support obligation, if this was not recorded in a court document, there would be no 기준 for later changes to child support or for enforcement, creating room for disputes. The visitation schedule also needed to be specified in detail.

Property division and the handling of public pensions also needed to be settled. The parties agreed to keep property in each person’s own name, but under the law, a spouse’s right to claim a share of the public pension arises upon divorce. Without an explicit waiver agreement, disputes over pension rights could arise even after the divorce.

3. Strategy

Attorney Ji-sang Yoon, the firm’s managing attorney, chose to finalize the agreed terms through mediation rather than litigation, since both sides had already reached a certain level of agreement. A mediation record has the same legal effect as a final judgment, and enforcement is possible afterward. This was not a case that needed to spend one to two years in court.

Through the written submission, all agreed terms were presented to the court in detail, and an early mediation date was requested. Past child support and settlement amounts were fixed as a lump sum so that no later dispute over the amount could arise, and future child support was clearly defined as monthly payments until the child reaches adulthood, including the payment date. Visitation was also specified in detail, including a schedule of once a month for one night and two days, the method of transfer, and even the notice period for any changes.

The most carefully handled part of this case was the covenant not to sue. Rather than simply ending with the divorce, we included in the mediation record a complete covenant not to sue, under which both sides waived any further claims related to the divorce — including alimony, property division, and past child support — and agreed not to bring related disputes in any form, whether civil, criminal, or family-court related. This one clause effectively blocks the possibility of additional lawsuits that could otherwise continue for years.

With respect to the public pension as well, both sides mutually waived any claim to the other party’s divided pension rights, and it was expressly stated that each person would receive their own pension. Without this clause, disputes over pension division could remain even after the divorce.

4. Result

Both parties appeared at the court mediation date, and the mediation was reached on the very first hearing date. Divorce, property division, public pension, parental rights and custody, child support, past settlement amounts, visitation, and the covenant not to sue — all matters that needed to be organized were included in a single mediation record and given legal effect.

It is not enough merely to agree to a divorce. Only when the agreed terms are fully included in the mediation record and legally finalized can disputes such as "We never made such an agreement" be avoided after the divorce. In particular, when it comes to obligations that continue over a long period of time, such as child support, it is important to define everything clearly from the outset. The covenant not to sue is not optional in divorce proceedings; it is essential.

If you are wondering how to respond in a similar situation, we recommend consulting a professional, as the outcome may differ depending on the specific facts of the case.

Responsible Attorney: Attorney Ji-sang Yoon, Managing Attorney

To protect confidentiality, parts of this case have been de-identified to the extent that the essence of the matter is not compromised.