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Registered Notarial Services Attorney · Lawyers Council of Thailand

🇹🇭🇰🇷 Thai–Korean Divorce

Civil law · Korean Civil Act §834–§843

Quick Answer

Thai-Korean divorce: 협의이혼 (mutual consent) has mandatory 1-3 month cooling-off (숙려기간) at Family Court. Thai spouse F-6 visa terminates if divorced <2 yrs — F-6-3 available if raising Korean child. 재산분할 has 3-yr limit.

  • Uncontested: 2–4 months
  • Contested: 12–24 months
  • Fees: THB 85,000–430,000
  • Waiting period: 1–3 (cooling-off consideration period · Family Court verification)
  • Hague Abduction 1980: ✓ Member
  • Fault-based: No (no-fault)

Jurisdiction & Recognition

Competent court: Thai court OR Korean Family Court — where Korean spouse's family register is held.

Recognition of Thai judgment in Thai–Korean: §217 CPA — Korean court recognizes Thai judgment if reciprocity + jurisdiction + due process. Register at Family Registration Office (가족관계등록관서).

Matrimonial Regime

System: Separation of property default; equitable distribution on divorce (재산분할 §839-2)

Conflict with Thai law: 재산분할청구권 (property division claim) can reach post-marriage acquisitions in both names; 3-yr statute of limitations from divorce.

Spousal support: 위자료 (consolation money) for fault; monthly support rare

Child support: 양육비 산정기준표 (child support calculation table by age/income)

Child Custody

Standard: Joint parental authority default; primary custody often to mother; 양육권 vs 친권 distinguished

Hague Abduction 1980: Member — return order within 6 weeks

Insider Playbook

  1. 협의이혼 — file at Family Court in Korean spouse's family register district; 1-month cooling-off (no children) or 3 months (with children)
  2. 재산분할 — file within 2 yrs of divorce; 3-yr statute from divorce date
  3. F-6-1 (spouse) → F-6-3 (childcare) post-divorce; prove Korean child care
  4. 위자료 — at-fault Korean spouse (adultery, abuse) pays KRW 20-100M consolation
  5. 국민연금 split — 이혼분할연금 available age 60 if marriage >5 yrs
  6. Hague 1980 — Korea signatory; Central Authority at Ministry of Justice
  7. Family Register auto-updates post-court confirmation; Thai amphoe separate filing

⚠️ Common Pitfalls

  • Missing 3-yr 재산분할 window = permanent asset forfeiture
  • F-6 expiry without F-6-3 application = must leave Korea
  • Consulate 협의이혼 without cooling-off = rejected (Family Court mandatory)

FAQ

Can we skip 숙려기간?
Only with domestic violence + Family Court certificate — usually mandatory
F-6 options after divorce?
F-6-3 (Korean child), F-6-2 (widowed), or switch to E-9/D-10 work visa
Will Korea recognize Thai amphoe divorce?
Recognition petition at Family Court + Family Register registration with Apostille
위자료 calculation?
Marriage duration + fault + assets + impact; adultery typically KRW 30-50M

Related scenarios

Call 083-249-4999 · LINE @NYC168 · contact@ilc.ltd

Updated 2026-07-21