The Civil Act is a comprehensive legal framework that ensures fairness in regulating marriage laws in South Korea. It covers crucial aspects such as marriage, divorce, property rights, and parental responsibilities.
This system outlines the criteria for marriage, restrictions, registration obligations, and divorce procedures, providing a sense of security and protecting individual rights.
In South Korea, the legal minimum age for marriage is 18 for males and 16 for females. However, individuals under 19 must obtain parental or guardian consent, as this is the age of majority. Both parties must also agree to the marriage willingly.
Specific prohibitions on marriage exist, including those between direct blood relatives or adopted family members. However, a long-standing restriction against marriages between individuals sharing the same surname and familial lineage was lifted in 2005.
For a marriage to be formally recognized, couples are required to register their union with local authorities. This process involves specific steps or documents necessary for registration.
South Korea recognizes two main types of divorce: mutual consent divorces and litigation divorces. Mutual consent divorces occur when both spouses agree to separate and amicably resolve issues such as child custody, division of property, and spousal support. Litigation divorces are initiated in court when disagreements or disputes arise between the partners.
Grounds for divorce include adultery (which remains valid even after its decriminalization in 2015), desertion or abandonment, domestic violence, or other serious marital issues leading to the breakdown of the relationship. In most contested divorce cases, courts typically mandate mediation as a necessary preliminary step before entering litigation.
Child custody and support determinations in South Korea are made in the child’s best interests. When establishing support arrangements, the court considers various factors, such as each parent’s income and the child’s needs. This empathetic approach ensures that the child’s welfare is a top priority, providing a sense of care and understanding within the legal system.
Spousal support, or alimony, is not granted automatically. It is generally awarded for financial need or significant wrongdoing by one partner. This ‘significant wrongdoing’ can include. This legal structure is designed to promote fairness and practicality while addressing the intricate nature of marital relationships.