KUALA LUMPUR -  South Korea is seeing a growing number of divorces between local and foreign spouses, leading to more complex legal cases, the Korea Herald reported on April 14.

Such marriages sometimes break down, leaving couples with no choice but to separate despite strong cross-border ties.

In 2025, about 6,000 divorces involved Korean and foreign spouses, making up 7.1% of total cases and rising 4.2% from the previous year.

Many of these cases involve long legal processes, with foreign nationals often struggling to understand the system.

Legal expert Bang Suh-eun from a Seoul law firm shared insights into these cases.

She said divorce procedures are generally similar once the court’s authority and applicable law are decided.

Under Korean law, courts can handle cases if the couple last lived in Korea or if one party or their children still live there.

Korean law usually applies if one spouse is a Korean national living in the country.

Court decisions in Korea may not automatically apply overseas but can be used for recognition in other countries.

These cases often take more than a year and cost 10 to 20% more due to international documents and language needs.

Foreign spouses with custody or visitation rights may apply for an F-6-2 visa to live and work in Korea.

If there are no children, foreign spouses must prove they were not at fault in the divorce to stay in the country.

More cases now involve overseas assets, making the division of property more complicated.

Some couples register marriages in Korea but keep most assets in another country.

“In such cases, the division of overseas assets must be handled through local authorities. 

“However, those authorities may not recognize the assets as jointly owned through marriage, but rather as co-owned property, creating practical challenges.

“As the value of overseas assets increases, so does the tax burden. Taxes arising during asset division must be assessed under each country’s tax system, making this a key issue,” she said.

Child custody disputes are among the most difficult parts of these cases.

“Custody decisions are based on the best interests of the child, which involves value judgments and leaves room for judicial discretion. 

“Because of the deep emotional attachment parents have to their children, neither side is willing to back down easily,” Bang added.

Child support rulings may also face issues in foreign courts due to different standards.

“Korean family courts apply child support guidelines based on income standards set in 2021, while in the US, guidelines are updated annually to reflect inflation.

 “From a US perspective, this could be seen as unreasonable, leaving room for disputes,” she said.

Bang said custody decisions in Korea may sometimes favour local parents, especially in cross-border child movement cases.

“When a foreign national takes a child abroad without the spouse’s consent, they may be required to return the child under the Hague Convention, which can put them at a disadvantage in custody decisions.

“In contrast, when a child is moved within Korea and becomes out of reach of the foreign parent, courts often base temporary custody on the child’s current residence, effectively favoring the Korean parent,” Bang said.

She said such practices can still be challenged and called for clearer rules to avoid unfair decisions.

“The unilateral removal of a child and upbringing without the mother’s consent should not be reflected in final custody decisions, but rather considered a disadvantage,” Bang said the Incheon Family Court ruled in January.