2008년 개정 민법에 따른 협의이혼절차

The Procedure of Divorce by Agreement in 2008 Year’s Amendment of Civil Act

In 2008, there was a drastic change of the procedure of divorce by consent. The most significant point was the introduction of consideration period. The Korean Congress enacted the revision act, which forces couples without children under 20 years old to have to deliberate about whether they really want to divorce for one month before they receive admission for divorce from judge. The period of couples with children under 20 years old is 3 months. Secondly, the couples filing divorce to court are guided by court about the legal and social consequences of divorce in order to evade some mistakes and be informed the legal process of divorce. And if they want to have counseling by the experts, the court would provide counseling to them. Another crucial change is that couples with children should submit the agreement regarding fosterer and the amount of support money. If they fail to agree, the court directly makes decision concerning those matters. The provision was introduced for the purpose of protecting the children more carefully than it was in the past. This paper explains what changes are made in 2008 divorce act according to the process of divorce. Furthermore it reviews some problems of each steps. In the conclusion, it suggests a few makeup stuffs to the act.