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Divorce & Property Division

Divorce does not end with the dissolution of the marital relationship. Complex issues follow — how to divide property formed together during the marriage, and who will have custody of the children. Atlas Legal has handled divorce property division, consolation money (compensation for mental suffering) claims, and child custody disputes as specialist family law matters, primarily before the Incheon Family Court.

Property division is not simply splitting assets in half. It involves complex legal judgments — which assets are subject to division (Civil Act Article 839-2), how separate property is treated, and what each party’s contribution was. A two-year limitation period applies from the date of divorce, making it important to file a claim promptly after divorce.

Where a spouse is suspected of hiding assets, we pursue hidden property through court fact-finding requests, asset disclosure orders, and financial transaction inquiries. We handle family law cases across the western Seoul metropolitan area — Incheon, Bucheon, Gimpo, and Siheung — and are well-versed in Incheon Family Court practice.

Services

Marital Property Division

Fair division of marital property formed during the marriage under Civil Act Article 839-2. Covers all asset types — real estate, deposits, stocks, severance, pension, and business interests. Must be filed within two years of divorce

Consolation Money Claims

Consolation money claims and defense for mental anguish caused by a spouse’s wrongful conduct (adultery, domestic violence, desertion, etc.) under Civil Act Articles 843 and 806

Child Custody, Support & Visitation

Child custody, parental authority, child support, and visitation rights disputes handled with the best interests of the child as the paramount consideration. Enforcement orders and direct payment orders where child support goes unpaid

Hidden Asset Tracing

Where asset concealment is suspected, we utilize court fact-finding requests for financial transaction records, asset disclosure orders, and asset inquiry applications to trace hidden assets and include them in the division

Agreed Divorce Support

Drafting property division agreements and child support orders in agreed divorce proceedings, and preparing notarial deeds to secure enforcement. Contract design to prevent future disputes

De Facto Marriage Property Claims

On dissolution of a de facto marriage (common-law relationship), pursuing property division-equivalent claims, proving the existence of the de facto marriage, unjust enrichment claims, and other available legal remedies

When You Need a Divorce & Property Division Lawyer

  • Divorce is decided: The right to claim property division expires two years after the date of divorce (limitation period). Filing a claim simultaneously with or immediately after divorce is safest.
  • There is concern a spouse will transfer or conceal assets: Provisional attachments and disposal prohibition injunctions can be applied for even before divorce is finalized. Prompt action is critical.
  • Most assets are registered in the spouse’s name: Property formed during the marriage is subject to division regardless of whose name it is in. Proving contribution entitles the claimant to a fair share.
  • Severance pay or pension division is in dispute: Severance pay and National Pension split pension attributable to the period of marriage are subject to division. Accurate calculation methodology is required.
  • A spouse has committed adultery, domestic violence, or other wrongful conduct: Consolation money can be claimed separately from property division. If the at-fault spouse files for divorce, refusal is an available option.
  • Child custody or support is in dispute: Custody is determined with the child’s best interests as the paramount consideration. Unpaid child support can be enforced through performance orders, direct payment orders, and enforcement proceedings.

Representative Matters

Property Division

Property division including real estate and business interests — proved the actual joint formation of real estate and a business registered solely in the spouse’s name, securing recognition of a high contribution rate and a fair property division

Hidden Assets

Hidden asset tracing — through court fact-finding requests for financial transaction records and asset disclosure orders, traced the spouse’s concealed assets including overseas accounts and nominee real estate, bringing them within the scope of division

Custody

Child custody dispute — submitted evidence of the client’s superior parenting environment in the best interests of the child, securing recognition of custody and appropriate child support

Consolation Money

Consolation money for spousal adultery — collected and submitted evidence of adultery, obtaining a substantial consolation money judgment

De Facto Marriage

De facto marriage property claim — on dissolution of a long-term de facto relationship, proved the existence of the relationship and traced property formed during it, successfully pursuing a property division-equivalent claim