FAQ

November 29, 2017

Are prenuptial agreements legal in Japan?

Japan’s Civil Code section regarding prenuptial agreements states that husbands and wives may enter into a contract before marriage that authorizes a different asset distribution from the normal statutory division used in a divorce.  This allows the husband and wife to enter into a prenuptial agreement regarding the division of their assets upon divorce.  However, there are some strict conditions on the use of this statute that couples should be aware of.
November 24, 2017

What are the requirements for maintaining a spousal visa in Japan?

The only major requirement for keeping a spousal visa in Japan is to continue to stay married to a Japanese national.  In general, spousal visas do not apply to couples who divorce or where one spouse has died, although it may be possible to switch to a long term visa in some cases.   It is important to note that, even if the couple is legally married, they must also meet a certain standard of marital behavior and marriages that seem fraudulent risk the possibility of having a renewal visa rejected.
November 8, 2017

Do couples meet during divorce mediation in Japan?

A couple scheduled for divorce mediation will be given a time to report to their local family court.  Since the couple will enter mediation separately, usually the times for them to arrive will be staggered, so one spouse arrives after the other spouse has already started mediation.  This reduces the likelihood that the couple will run into each other in the family court lobby or hallway.
October 10, 2017

Is a child born in Japan automatically Japanese?

Under the citizenship by parentage system, as long as one of the child’s parents is Japanese, the baby is entitled to receive Japanese citizenship.  The birth of the baby must be registered with the local government office or, if overseas, at the Japanese embassy or consulate.  However, simply being born in Japan is not enough for a baby without Japanese parents to acquire Japanese citizenship.