Photo unrelated to article content [Getty Images Bank]
Photo unrelated to article content [Getty Images Bank]

A husband caught having an affair agreed to hand over his apartment as part of a divorce settlement — only to declare the deal void once he learned the property was slated for redevelopment, according to a case shared on a legal advice program.

The story of A, a full-time homemaker married for 12 years, was recently featured on YTN Radio's "Jo In-seop's Legal Clinic."

According to A, her husband, who works for a construction company, was frequently away from home on regional business trips lasting several months at a time. She had effectively been raising their child alone, and the couple grew increasingly distant over the years.

A eventually discovered that her husband had been having an affair with an employee at a partner company. "The shock was great, but I quickly pulled myself together," she said. "There was no reason to stay in the marriage, so I asked for a divorce without hesitation."

The two agreed to proceed with a mutual divorce. The husband would transfer his share of the apartment — virtually the only asset accumulated during the marriage — while A agreed to waive her alimony claim over the affair. Both parties reportedly signed a property division agreement reflecting these terms.

When news emerged that the apartment, registered in the husband's name, was set for redevelopment, he abruptly halted the divorce proceedings. He argued that because the mutual divorce had fallen through, the agreement was also void, and refused to transfer his share of the apartment.

"If the mutual divorce falls apart, does the property division agreement we both signed also lose its effect?" A asked. "I want to know what happens to the alimony claim I agreed to drop, and whether I can still receive a share of the apartment even if this goes to court."

Attorney Lee Myung-in of Shinsegae Law said a mutual divorce is finalized only when both spouses agree, obtain confirmation from a family court and complete the registration. "If one party withdraws consent during the reflection period, the divorce does not take effect," Lee said.

Lee added that even if a property division agreement was drawn up on the premise of a mutual divorce, it would not take effect if the case proceeds to a contested divorce instead. "In other words, if the mutual divorce falls through, the property division agreement also becomes void," Lee said.

In a contested divorce, Lee said, the value of assets subject to division is calculated as of the close of the final hearing. "If the apartment price has risen, the market price at the time the trial concludes becomes the benchmark," Lee said.

Lee also said that A's agreement to waive alimony would lose its force once the mutual divorce collapsed. "In a contested divorce, she can separately seek alimony for the affair," Lee said.


bbo@heraldcorp.com