PRENUPTIAL AGREEMENTS IN KOREA

Korea

The Korean Civil Code expressly authorizes premarital agreements concerning the division of property between marrying spouses. The Code provides that, unless there is an agreement concerning the division of property, the Family Court shall “determine the amount and method of division, considering the amount of property acquired by cooperation of both parties and other circumstances.” Korea Civil Code, Art. 839-2(1). A prenuptial agreement may not be altered during the marriage except upon the express approval of a court. (Art. 829(2).




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