Posted on : Dec.1,2006 15:18 KST

Proposed law would require waiting period to reduce 'rash divorces'

Korean couples looking to separate legally may have to wait as long as three months to get a divorce.

Korean courts are going to begin requiring a "waiting period" for divorces in order to prevent what Korean society calls "divorce under the influence of anger" (hwatgim ihon) and "rash divorce" (gyeongsol ihon). The Incheon District Court becomes the last in the country to begin testing the program beginning in December, but if a bill to revise civil law to require it passes in the National Assembly, it will be required in all cases starting next year.

Currently courts require between one to three weeks of waiting before a divorce is finalized, even if the separation is by mutual agreement. The proposed revision would require a one-month waiting period for couples with no children and three months for couples who have had children together.

The court system says its test run of the program is a positive move because, according to the courts, it will reduce the number of divorces and help find ways to better serve the welfare of children of divorce.


The waiting period plan is not without opponents, many who say it extends the "suffering period" for people who have agreed to part ways. "You can't say that all divorces are rash or out of anger," said attorney Gwon Jeong-suk.

Others say that three months is too long a time to wait for couples with children, as individuals without income are forced to wait for alimony payments they may need in order to provide for their children.

In 2005, there was an average of 300 divorces daily in South Korea, roughly 80 percent of which were by mutual agreement.

Please direct questions or comments to [englishhani@hani.co.kr]



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