international family law
The Korean Civil Code explicitly permits premarital agreements that address how property will be divided between spouses in the event of a divorce. These agreements are commonly referred to as prenuptial agreements and can play an important role in protecting the financial interests of both parties before entering into marriage.
In cases where there is no prenuptial agreement in place, the division of property is left to the discretion of the Family Court. According to Article 839-2(1) of the Korean Civil Code, the court will determine both the amount and method of property division. This decision is based on several factors, including the extent to which each spouse contributed to the acquisition of property during the marriage, as well as other relevant circumstances surrounding the relationship.
Once a prenuptial agreement has been established and the marriage has taken place, its terms cannot be modified unless the change is explicitly approved by a court. This restriction, outlined in Article 829(2) of the Civil Code, ensures that both parties remain protected and that any alterations are subject to judicial oversight.