When a couple divorces in Japan, the family name of the party who changed his or her name shall revert to the original pre-marriage name. A divorced husband or wife who wishes to keep his or her married name after the divorce may do so by written notice within three months of the time of the divorce.
In Japan, there are four possible ways to obtain a divorce. The first, and most common, is Divorce by Agreement (kyogi rikon 協議離婚). Both parties must agree to the divorce and the distribution of property. The second is Divorce by Mediation in a family court (chotei rikon 調停離婚).
When a foreign national marries a Japanese national in Japan, there are some additional procedures that need to be followed according to Japanese law. First, the Japanese spouse should submit a certified copy of his/her family register and the foreign national must submit a copy of his/her passport and certificate of Alien Registration.
Upon marriage in Japan a Japanese couple must choose to adopt either the wife’s or the husband’s family name. Therefore, it is not possible for both spouses to keep their pre-marriage names. This is due to the peculiarities of Japan’s family registration system. When two people marry in Japan, one spouse moves into the other’s family tree and takes the other spouse’s family name. Therefore, it isn’t normally possible to have a spouse with a different name from the rest of the family tree. Even though it is equally possible for a husband to take his wife’s last name upon […]