■ Case Overview
The client decided to divorce as it was no longer possible to maintain the marriage, but faced significant difficulties due to vast differences regarding the division of joint real estate and the calculation of child support. To reduce exhaustive disputes and secure their rightful claims, they requested assistance from Law Firm Theo.
 

 

• Reasonable Child Support Adjustment: Rather than an unconditional reduction, we proposed a persuasive mediation plan that comprehensively considered the client's current economic conditions as the non-custodial parent alongside the overall property division structure. As a result, an amicable agreement was reached at a level the client could realistically afford (100,000 KRW per month per child), relieving future burdens.
• Property Share Defense & Dual Safety Net Design: We reached an agreement to sell the joint real estate within 5 years and divide 50% of the net profit. Furthermore, to prepare for a scenario where the sale does not occur within the deadline, we secured the client's property rights by specifying in the protocol a safety net that guarantees 50% of the remaining balance after deducting the loan from the objective market price (KB Kookmin Bank standard).
• Short-Term Fund Securing & Pension Asset Protection: To provide stable initial independence funds for the client after the divorce, we enforced a clause to receive 15 million KRW separately from the other party within one year. Additionally, by mutually waiving the right to claim pension division, we completely blocked any loss of the client's future pension assets.
• Securing Free Visitation Rights: While designating parental and custody rights to the other party, we mandated the other party's active cooperation in the mediation clause so the client could meet the children anytime without time constraints, preserving the parental bond.

• Establishment of Sustainable Child Support: Economic burden was minimized through a reasonable child support agreement reflecting the client's realistic conditions.
• 50% Guarantee of Real Estate Sale Proceeds: We secured 50% of the sale proceeds after deducting mortgage and expenses, and ensured a 5% annual delay interest rate would be added if the payment deadline is not met.
• Additional Cash Payment & Future Asset (Pension) Defense: Secured an additional cash payment of 15 million KRW and completely protected assets by mutually waiving all pension division claims.
• Permanent Termination of Dispute (Non-suit Agreement): Completely resolved remaining legal risks through an agreement prohibiting any additional financial claims or objections—such as alimony, past child support, indemnity, and property division—following this mediation.