Divorce & Family
Consensual vs. Mediated Divorce
Reviewed 2026-11
In short
- If you both agree to divorce, Korea gives you two agreement-based routes: consensual divorce confirmed at the family court, or mediated divorce recorded by it. They differ in what you walk away holding.
- Consensual divorceconfirms the divorce and the children’s arrangements after a cooling-off period of 3 months (minor children) or 1 month. Your property deal is a private contract — the court does not record or enforce it.
- Mediated divorce has no cooling-off period, and the mediation record covers property, alimony, custody, support and visitation in one document with the force of a court judgment (Family Litigation Act art. 59).
- The divorce takes effect when the mediation record is drawn up; the report within 1 month is bookkeeping. A consensual divorce exists only once it is reported — and either spouse can withdraw until then.
- Mediation’s limit is the same as its strength: it needs both of you at the table. If the other spouse will not engage, neither route works, and the case moves to a judicial divorce.
You have both reached the same conclusion: the marriage is over, and neither of you wants a fight about it. Most people in Korea have heard of consensual divorce — the cooling-off period, the two visits to the family court. Fewer have heard that the same court will, on application, record your agreement in a form enforceable the way a judgment is, without the waiting period.
The two routes are consensual divorce (hyeobui ihon) (협의이혼) under the Civil Act (민법) arts. 834 and 836, and mediated divorce (jojeong ihon) (조정이혼) under the Family Litigation Act (가사소송법). Neither is a contested case. Both begin with agreement. The difference is how much of that agreement the court writes down, and what happens if one of you later changes their mind.
This guide sets the two side by side. The wider map — judicial divorce and the six grounds — is in Divorce in Korea: Consensual vs. Judicial.
1. Two agreement-based routes — and why there are two
Consensual divorce is the Civil Act’s procedure for a couple who agree: the family court confirms that you both mean it, and the divorce takes effect when reported. It was never designed to settle money. Mediation belongs to the Family Litigation Act, and most people meet it as the stage a judge sends a contested case to before trial (art. 50). But a couple who already agree can apply for it directly, to have the court record the whole settlement at once.
So the two routes differ in reach. Consensual divorce ends the marriage and fixes the children’s arrangements; everything else stays private between you. Mediated divorce fixes everything you put into the record, with the enforceability of a court decision. Which one fits depends on how much there is to settle, and how much you want to rely on the other person keeping their word.
2. Consensual divorce: what the court confirms, and what it does not
You apply together at the family court, attend its guidance session, wait out the cooling-off period — 3 months with minor children, 1 month without (Civil Act art. 836-2) — then appear together before a judge who confirms the intention to divorce. The court can shorten or waive the period only for an urgent reason such as violence; plan on the full period.
With minor children you file a written agreement on custody and child support, and the court draws up a child-support record (yangyukbi budam joseo) (양육비부담조서) — the one financial item consensual divorce does enforce. It has the force of an executable court order (art. 836-2 para. 5, applying Family Litigation Act art. 41), so unpaid support can be collected without a new lawsuit.
Everything else is outside the court’s paperwork. A property division agreed at the kitchen table is a private contract: if your spouse does not pay, you sue on the contract, or claim division afresh within the 2-year limit (Civil Act art. 839-2) explained in Property Division Basics. And the confirmation is not yet a divorce. It becomes one when reported to the local office within 3 months (Family Relations Registration Act art. 75); miss the window and the confirmation lapses. Until then either spouse can withdraw by lodging a withdrawal at the registration office, and a withdrawal filed before the other’s report stops the divorce.
3. Mediated divorce: one session, one enforceable record
Family mediation (gasa jojeong) (가사조정) is a session at the family court, before a mediation judge or a panel, in which the court records what you agree. Apply jointly, or one spouse applies and the other comes to the table. There is no cooling-off period, and the application fee is ₩5,000 (Family Litigation Fee Rules art. 6). Once the terms are entered in the record, the mediation has the same effect as a settlement in court (Family Litigation Act art. 59) — the effect of a final judgment on everything it covers.
Apply for mediation
A joint application, or one spouse applies naming the other. Attach the agreed terms as far as they exist: who keeps what, any lump sum or alimony, custody, monthly support, visitation.The mediation date
The court sets a date, commonly within a few weeks to a couple of months depending on the court. Both spouses attend; a representative may appear in your place only with the judge’s permission (art. 7). Terms are read through and adjusted on the spot.The record is drawn up
The agreed terms are entered in the mediation record. The divorce takes effect at this point, with everything in the record enforceable as a judgment.Report within 1 month
The divorce is reported to the local office within 1 month of the mediation (Family Relations Registration Act art. 78 applying art. 58). This is a bookkeeping step — the marriage has already ended.
Two features matter most. Scope: the record holds the whole settlement, so a spouse who later refuses to transfer the apartment or pay the agreed sum faces direct enforcement, not a fresh lawsuit, and the 2-year property-division clock never becomes your problem. Finality: a completed mediation cannot be withdrawn the way a consensual confirmation can. The limit is the mirror image. Mediation cannot force terms on a spouse who will not attend or agree; one that fails converts into a divorce suit, deemed filed on the application date (art. 49, applying Civil Mediation Act art. 36), with the difference in court fees paid then. And the court’s tools for tracing hidden assets are narrower in mediation than in a contested case.
One document, everything in it: property, alimony, custody, support and visitation entered in a mediation record carry the force of a judgment from the day they are written down.
Where one spouse does not appear, the mediation judge may issue a decision in lieu of mediation (조정을 갈음하는 결정) setting terms; it becomes final unless either side objects within 2 weeksof service (Civil Mediation Act arts. 30 and 34). It is the court’s tool, not a shortcut you can count on.
4. Side by side
| Consensual divorce | Mediated divorce | Basis | |
|---|---|---|---|
| Cooling-off period | 3 months with minor children, 1 month without; shortened only for urgent reasons | None | Civil Act art. 836-2 |
| What the court records | The divorce; custody and child support where there are minor children | Everything agreed: property, alimony, custody, support, visitation | Civil Act art. 836-2 para. 4–5; Family Litigation Act art. 59 |
| Enforceable without a new suit | Child support only (child-support record) | Every term in the record | Family Litigation Act art. 41; art. 59 |
| When the divorce takes effect | On report to the local office, within 3 months of confirmation | When the mediation record is drawn up; report within 1 month is bookkeeping | Family Relations Registration Act arts. 75, 78 |
| Can one spouse back out? | Yes, until the divorce is reported | No, once the record is drawn up | Family Litigation Act art. 59 |
| Attendance | Both spouses in person, twice (guidance and confirmation) | Both spouses at the session; representative only with the judge’s permission | Family Litigation Act art. 7 |
| If the other spouse stops cooperating | Procedure lapses; start a judicial divorce | Converts into a divorce suit, deemed filed on the application date | Family Litigation Act art. 49; Civil Mediation Act art. 36 |
| Court fee | Nominal | ₩5,000 to apply; the difference to a suit’s fee is paid only if it converts | Family Litigation Fee Rules art. 6 |
5. When consensual divorce is still the right call
Mediation earns its advantages where there is something to enforce. If there is no property to divide, no lump sum changing hands, and no money question beyond child support — which the child-support record already covers — consensual divorce does the job, and the cooling-off period is its only real cost. Couples in that position routinely complete it without a lawyer.
Mediation is the better instrument when the settlement has moving parts: an apartment or deposit to transfer, a payment schedule, visitation one of you fears will quietly erode. The value is less the session than the drafting — terms with dates, amounts and conditions a court officer can act on. That is where counsel earns a fee, and where a self-drafted agreement most often fails later. Honest arithmetic applies: for a settlement worth a few million won, legal fees can approach what is at stake, and a careful consensual divorce with a notarised side agreement may be the proportionate choice.
For a foreign spouse, two practical additions. Family courts work in Korean, so interpretation at the session is arranged in advance. And if one of you lives abroad, the consular route for consensual divorce is built around Korean nationals; confirm whether it serves your situation before relying on it, and consider mediation with a permitted representative as the more predictable path.
6. Common mistakes
- Treating the consensual confirmation as the divorce. It is not, until reported — and the report window is 3 months.
- Leaving property “to sort out later” after a consensual divorce. Later has a 2-year limit, and the agreement you shook hands on has no enforcement behind it.
- Applying for mediation as pressure. It is not a weapon. A spouse who does not engage converts it into a suit, and you are back to proving grounds.
- Vague terms in the record.“He will help with the children’s costs” cannot be enforced. “₩800,000 by the 25th of each month until the child turns 19” can.
- Assuming a representative can attend for you. The family court applies a party-appearance rule; permission is asked for in advance.
Keep the record clean
Deadlines
- 3 months / 1 monthCooling-off period before a consensual divorce can be confirmed — with or without minor children (Civil Act art. 836-2).
- 3 monthsFrom receiving the consensual-divorce confirmation — the window to report the divorce, or the confirmation lapses (Family Relations Registration Act art. 75).
- 1 monthFrom a completed mediation — the window to report a divorce that has already taken effect (art. 78 applying art. 58).
- 2 weeksFrom service of a decision in lieu of mediation — the time to object before it becomes final (Civil Mediation Act art. 34).
- 2 yearsFrom the divorce — the limit for a property-division claim not already settled in a mediation record (Civil Act art. 839-2).
Start by listing what has to change hands. If the list is empty, consensual divorce is enough. If not, the question is which document you want behind it.
Frequently asked questions
We already finished the cooling-off period. Can we still switch to mediation?
Yes. A couple can withdraw a consensual application and apply for mediation instead. The usual reason to switch is realising that the property agreement needs enforcement behind it; the usual cost is a few weeks waiting for a mediation date.
Does a mediated divorce look different on my record, or to my home country?
In Korea it is a divorce like any other; the register does not grade divorces by route. Recognition abroad depends on your country’s rules, and some ask for a court document — a mediation record is one, which can make recognition simpler than a consensual divorce with no court decision behind it. Check with your embassy before choosing.
My spouse agrees to the divorce but not to the money. Which route?
A mediation case, not a consensual one. Consensual divorce ends the marriage and leaves the money unresolved with the 2-year clock running. Mediation puts both on the table; if the money cannot be agreed, the case converts into a suit where the court decides it. Divorcing first and litigating the money second is the slowest version of the same path.
Can a mediated divorce be reopened if circumstances change?
The divorce and the property terms are final. Custody, support and visitation can be changed later by the court, on application, where the child’s circumstances warrant it. Treat the record as final for money and as the current arrangement for the children.
Do I need a lawyer at the mediation session?
Not as a rule; parties attend in person and the court runs the session. A lawyer adds value before the date, drafting terms that will enforce, and in the room when a proposal needs testing against what a court would order. For a simple record with little to transfer, many couples proceed without one.
Written by Attorney Chulho Choi (SOL & LUNA / Law Firm Myeong, KBA-registered specialist in Civil and Criminal Law). Reviewed as of November 2026. Updated when laws change.
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