What should I pay attention to when it comes to division of assets due to divorce proceedings? [Lawyer Hyunji Lee’s Column]

[Media Fine Current Affairs Column] According to data recently released by Statistics Korea, the number of divorces last year was 102,000. Looking at the composition of divorce by marriage duration, the divorce rate for marriage duration of 0 to 4 years was 18.8%, for marriage duration of 30 years or more was 17.6%, and for marriage duration of 5 to 9 years, it was 17.1%. Divorce in marriages lasting more than 30 years is on the rise.

Among them, there are 86,000 cases of divorce by agreement and 28,000 cases of divorce by trial. This means that there are too many divorces through litigation that cannot be ignored, and this is because there has been no agreement on important aspects such as property division.

One of the important issues in divorce proceedings is property division. The couple owns assets such as real estate, including funds raised jointly during marriage. This division of property is called property division, and after divorce, one spouse has the right to claim property division from the other spouse.

Since property division is the liquidation of common property created through the cooperation of both parties during marriage, one spouse can file a claim against the other regardless of whether or not the spouse is responsible for the divorce. In addition, the court also recognizes property division claims by spouses in a common-law relationship when a common-law marriage is broken up, and by spouses in a marital relationship when a marriage is annulled.

However, the period during which the right to claim property division can be exercised is set by law. The right to claim property division lapses after two years from the date of divorce, and in the case of a judicial divorce, it is common for property division claims to be filed together with divorce claims, so there is little concern about the exercise period passing.

Problems can arise in cases where a divorce is agreed upon only after being told that property will be divided. In fact, one client was told by her husband, 'If you go to trial, it will cost more money and costs. After hearing the words, 'I will cooperate with the division of property, let's get a divorce by agreement,' we divorced without settling the issue of property. However, the husband made various excuses to avoid contact with the client, and eventually exercised his right to claim property division.

Assets subject to property division include deposits, savings, real estate, retirement funds, and pensions. Since property contribution is judged based on the extent to which a person contributed to increasing and maintaining property after marriage, the greater the contribution recognized, the more advantageous it is in a property division claim lawsuit.

Therefore, in order to successfully divide property, it is important to receive advice from a divorce lawyer and systematically prepare materials that can prove your contribution. Also, as in the case above, if you believe in property division and divorce by agreement, but the other party does not keep the agreement, and if you need to file a property division claim again, it is a good idea to ask for help from an expert. (Attorney Lee Hyun-ji, Daeryun Law Firm (Limited))

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