"Isn't divorce just an agreement?"I get asked this question a lot. However, in counseling, what was amicably agreed upon at the time of the divorce rarely comes back to a dispute months or years later. Today, we will outline the difference between the two notarial methods of leaving a consent agreement, Consultation Notarization of Divorce Agreement (Certificate of Fairness) and Agreement Certification (Certificate of Pardon Certification) .
Disagreement, why dispute again
In thedivorce agreement, the Family Court confirms the Divorce Doctor and the Custody Matters and Parental Rights Determination Agreement submitted if there are minor children (Article 836-2 Paragraph 4 of the Civil Code). Among these, child support is authorized by the court to execute the child support bill , which is governed by Article 41 of the Domestic Procedure Act (Article 836-2 Paragraph 5 of the Civil Code).
, whereas alimony and the division of property do not involve the courts in the proceedings of the divorce of consultation. Whether made orally or by writing a general agreement, if the other party does not comply, they cannot be enforced immediately and must be sued or tried again.
☞ Actual Consultation Case
① Increase in verbal promised child support
If you promise only by saying, "Please wait two years and I will raise the child support fee," the amount exceeding the amount specified in the child support burden statement cannot be enforced by the protocol. To receive the increase, you must file a child support change with Family Court.
② Claim for division of property by spouse who said "I will just leave my body"
Even if you said you would not ask for anything at the time of divorce, the right to division of property can be exercised within two years from the date of divorce (Article 839-2 Section 3 of the Civil Code).
③ Interview bargain "You can meet at any time"
If the interview bargain method is not specified, there is a conflict over the interpretation. In addition, parenting matters and interview negotiations may be changed by the Family Court even after divorce for the welfare of the child (Article 837 (5) and 837-2 (3) of the Civil Code).
In other words, the parenting · interview bargain is an area that can be adjusted postmortem based on the welfare of the child, and the alimony · property division is an area that is subject to quarrel again if the enforcement power is not secured by documents.
Alimony · Property Division Secures Executive Powers with 'Notarial Divorce Agreement'
Consultation Divorce Agreement Notarization is a method in which a notary public hears the statements of the parties and prepares the contents of the agreement directly in a fair deed. Here If the debtor consents to compulsory execution is entered, the deed of impartiality becomes the executive authority to execute the compulsory execution without judgment.
Civil Enforcement Act Article 56 No. 4
A fair deed prepared by anotary in connection with a claim intended for the payment of a certain amount or for the payment of a certain quantity of substitutes or securities, stating the intent of the debtor's consent to compulsory execution.
Therefore, if you commit to monetary payment , such as alimony or property division, and put in the wording of consent to compulsory execution, you can go directly into the compulsory execution process, such as the seizure of salary · deposits, without any litigation, when the other party does not pay.
Must-know
The enforcement offair certificates is limited to a certain number of salaries, such as money, . Real Estate Title Transfer Register cannot enforce the registration by itself even if the statement of consent to compulsory execution is included in the fair certificate. If the property is transferred to property division, the previous deadline and method of issuing the registered documents must be specified and the implementation securing plan must be designed separately.
Notarization of divorce agreement and certification of agreement, what is the difference
The certification of the agreement is based on an agreement that has been prepared by the parties themselves. Signatures: · The stamp belongs to me (Article 57 (1) of the Notary Public Act). Supreme Court also signs certificates of librarianship · I believe that the stamp only certifies that the stamp was duly established by the author, but not the contents of the document. Therefore, only certified agreements cannot be enforced.
| Category | Notarization of Negotiated Divorce Agreement (Fair Certificate) |
Agreement Certification (P.O. Certificate Certification) |
|---|---|---|
| Filer | When the notary hears the statement of the parties, write the agreement |
Agreement drawn up by the parties Notary signed by the notary · Verify only the authenticity of the stamp |
| Notarization Duration | 30-40 minutes | 15-20 minutes |
| Executive Power | Alimony · to a monetary payment arrangement, such as property division, If you include the phrase of consent to compulsory execution, the enforcement authority → Enforcement without litigation in case of non-compliance |
No enforcement → Separate litigation is required in case of non-compliance |
| Character | If the notary public confirms that the legal act Documentation of contents |
of the librarian's certificate that already exists Signatures: · Only check for imprinted authenticity |
| Basis | Civil Enforcement Act Article 56 Subparagraph 4 | Notary Public Act, Article 57 (1) |
| Purpose of Use | alimony · property division agreement to be effectively finalized |
Existence OF agreement and authenticity OF signature When proof OF IS sufficient |
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What you must include in youragreement
If thetext is ambiguous, there will be a reinterpretation dispute in the enforcement phase. At a minimum, we recommend that you outline the following in detail:
Property Division — Target property list, how to divide, and when to implement (e.g. deposit transfer date, registration deadline for real estate transfer)
alimony — amount, payment date, payment method, dividend payment amount
Delayed Damage Payout — Percentage of delayed damage if payment date is missed
Enforcement Acceptance Statement — Purpose of Accepting Enforcement for Failure to Fulfill Monetary Obligations
Parenting · Interview Negotiation — To be consistent with the parenting agreement and parenting obligation statement submitted to the court
Subdivision Rider — Agreement No additional claim for alimony other than the agreement · Property Division
There is a cautionary note when inserting a sub-secondary rider.
First, the property division agreement under the premise of a consultative divorce is effective only if the consultative divorce is actually established. Divorce in court due to dissolution of consultation (mediation · including reconciliation), the agreement will not be effective as a condition of non-fulfillment.
Second, property details · Contribution · An unacceptable waiver, such as the Supreme Court Decision 2015s451, may result in a waiver if it is simply stated that it “does not claim a division of property” without specific consultation on the method of division. In order for the subdivision rider to be effective, the prerequisite property division agreement itself must be specified.
Third, since parenting matters and interview negotiations can be changed by the family court for the welfare of the child (Article 837 (5) of the Civil Code), it is not possible to prevent this with the subcontract.
Before marriage, take care of notarization
If you apply for confirmation of divorce, you can receive confirmation of your intention to divorce after a period of 3 months if you have minor children or 1 month if you do not have them from the date you receive the court's guidance (Article 836-2 Paragraph 2 of the Civil Code). During this period, alimony · property division is often postponed to “clean up afterwards.”
However, after a divorce is established, it is often difficult to contact and face-to-face, which leads to delays or abandonment of the agreement. It is a realistic way to prevent disputes by confirming the agreement with a fair certificate at a time when consultation is possible and before the date of confirmation of the divorce at the latest.
Adivorce is a process of arranging a relationship, but at the same time it is also a legal preparation to keep your future life stable. Please contact Sunhan Law Firm if you have any questions about the divorce proceedings or the preparation of the fair certificate.
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