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Family Law
InterLEX Family, Divorce and Inheritance team is composed of bilingual Korean attorneys renowned for its advice for foreigners on a broad range of family law issues, not only zealously advocating for our clients in the courtroom but also negotiating and mediating outside of the court room to settle the matter with efficiency, while handling all matters with the upmost sensitivity and confidentiality.
Key Practice Areas
1. International Disputes relating to Families and Divorces
InterLEX is composed of skilled professionals with their expertise through negotiation, settlement, facilitation, mediation, litigation relating to complex families and divorce issues as well as uncontested divorce between the parties one of whom is foreign residents.
We are dedicated to present cost-effective and most beneficial solutions for clients in pursuit of divorce and their changes of families.
[RECENT ENGAGEMENTS]
- Proceedings for adjudication on legal guardianship for incapacitated seniors or developmentally disabled adult
- Claims for divorce due to infidelity
- Claims for divorce due to malicious desertion by the other spouse
- Judicial divorce due to infidelity
- Uncontested divorce for irreconcilable differences or touch deprivation
- Claims for divorce due to long-term separation
- Judicial divorce due to serious cause for making it difficult to continue the marriage such as extravagance or economic competence
- Representation for de facto no-fault divorce
- International divorce between Korean and Canadian
2. Prenup - similar - Agreements & Asset Division
Korean family law system does not allow pre-martial or prenuptial agreements which are usually recognized in the common law. However, certain prenup-similar agreements are judged to be effective when they qualify specific legal requirements. We possess extensive experience in drafting and registrations of prenup-similar agreements in consideration of separate property and provide insightful representation for reasonable asset division and equitable distribution in high-asset divorce.
[RECENT ENGAGEMENTS]
- Various cases of asset and property division in divorce
- Drafting and registration for valid prenup-similar agreement
- Claims for contributions made by each spouse to the marital estate
- Exclusion of separate property in equitable distribution
- Inclusion of separate property in equitable distribution in recognition of contributions to maintenance of said separate property
3. Child Custody and Parenting Issues
The concept of “best interest of the child” is increasingly important in Korea in determining who should be a custodial parent while custody and parenting cases lie in an emotional area of divorce linked to a high potential for conflict. InterLEX excels in suggesting possible custodial arrangements and assisting both domestic and international parties in divorce to make decisions concerning the best interests of the children themselves.
[RECENT ENGAGEMENTS]
- Claims for determining legal and physical custody in divorce by family court ruling
- Agreement on a custody arrangement
- Relocation of the visitation rights of the custodial parent
- Protection of child access
- Proceedings for private and agency adoption
4. Paternity / Maternity Claims
Paternity or maternity claims mostly involve a mother seeking to prove the father-child relationship or vice-versa for a child born outside of a marriage and cases is regarded as more complex in international marriage, acknowledgment or adoption. Our experience family team in InterLEX provides solid consultation for establishing parent-child relationship and expediting the paternity/maternity claim proceedings.
[RECENT ENGAGEMENTS]
- Claims for acknowledgment based on DNA / blood test
- Claims for acknowledgment against biological parents by a person registered as a child of non-biological parents
- Claims for denial of paternity
- Defense against acknowledgment claims for exclusion period
5. Wills and Inheritance Disputes
Korean family law system contains complicated and unique duties and requirements between heir and inheritor. We provide clients with comprehensive advice tailored to their specific needs to ensure the orderly succession of assets to the next generation and trustworthy guidance for dealing with complex and cross-border disputes of wills and inheritance.
[RECENT ENGAGEMENTS]
- Inheritance conflicts in various categories
- Proceedings for qualified acceptance by single or co-inheritors
- Proceedings for acceptance and renunciation of inherited property
- Claims for determining contributory portion among co-inheritors
- Cases for the method and validity of wills
- Proceedings for testamentary gift subject to charge and responsibility of testamentary donee
- Claims for protecting right to legal reserve of inheritance
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