Yoon Ji-sang, Managing Attorney | Hankyung Law & Biz Law Street Column

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International divorce is no longer someone else’s problem

Managing Attorney Yoon Ji-sang points out in his column the reality of international divorce in Korea, which in 2026 has entered the era of 3 million foreign residents. The share of international marriages among all marriages is rising sharply every year, and even among Korean couples, cases involving long-term overseas residence, permanent residency, citizenship acquisition, and overseas assets are increasing rapidly. International divorce, in which the jurisdiction and governing law of multiple countries become issues at once, has now become a reality that can confront anyone.

Which country’s court will hear the case?

According to Managing Attorney Yoon Ji-sang’s column, the first issue to review in an international divorce is jurisdiction. Under Article 56(1) of Korea’s Private International Law, Korean courts may have jurisdiction depending on conditions such as habitual residence, the child’s place of residence, and nationality, but such jurisdiction is often recognized not only in one country but in multiple countries at the same time. At that point, one must strategically determine in which country it is advantageous to file the divorce action.

The outcome changes depending on the governing law

Divorce laws vary considerably from country to country. Some countries adopt no-fault divorce, while others adopt fault-based divorce. Property division systems are even more diverse. Some legal systems divide property acquired during marriage 50-50, excluding premarital property and inherited or gifted property, whereas in others, like Korea, the court determines the property division ratio by taking specific circumstances into account. Depending on which country’s governing law applies, the result of property division can differ greatly.

Identifying overseas assets can determine the outcome

Managing Attorney Yoon Ji-sang points out that in domestic divorce litigation, a spouse’s assets can be identified relatively transparently through the asset disclosure and asset inquiry systems, but real estate, deposits, stocks, cryptocurrency, and other assets held overseas by the other party are often beyond the Korean court’s investigative authority. Practical strategies are needed to trace assets transferred abroad from Korea or to locate them by using international judicial cooperation and local law firms overseas. Even if a judgment is obtained, if the other party’s assets are overseas, one must also examine whether recognition and enforcement of the judgment are possible in that country.

Preemptive preservation measures and prenuptial agreements

Managing Attorney Yoon Ji-sang concludes the column as follows. If signs of an international divorce are detected, immediate preservation measures such as provisional seizure and injunctions should be taken against the domestic assets of the other party to secure at least minimal enforcement rights. In addition, while Korean courts consider prenuptial agreements only as a reference point, many countries fully recognize them, so one may also consider ways to enhance the validity of a prenuptial agreement by strategically using the choice-of-law provisions under private international law. International divorce requires expert assistance at every stage, from choosing jurisdiction and determining governing law to tracing overseas assets and enforcing judgments.

“Family Law Unboxing” series is regularly serialized in Hankyung Law & Biz Law Street of The Korea Economic Daily. Managing Attorneys Yoon Ji-sang and Noh Jong-eon of Jonjae Law Firm alternate in explaining the key issues in divorce and inheritance based on their practical experience.