divorce

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.
September 25, 2017

Can spouses always claim part of an estate in Japan?

Even if a deceased writes a will that excludes a spouse or child, under Japanese law, a spouse can almost always claim a portion of the estate by right.  This portion may not be as large as the spouse would have received if there had been no will at all, but this provision is meant to ensure that spouses will always receive something upon the death of their partner.
September 20, 2017

How long can you prevent acceptance of a divorce registration in Japan?

Spouses who are worried that their partner might file a fraudulent divorce registration in Japan can file a Non-Acceptance of Notification of Divorce (rikon fujuri moshidesho 離婚不受理申出書) in order to prevent acceptance of a divorce form.  While this non-acceptance used to only last for 6 months, in 2008 the law was changed to allow such non-acceptance to be valid until withdrawn by the submitting spouse.
August 21, 2017

Can one spouse unilaterally file for divorce based on the other spouse’s adultery?

To obtain a court-ordered divorce in Japan, there must be statutorily recognized reason for granting the divorce.  Adultery is one of those five recognized reasons.  However, while adultery does provide a potential basis for divorce, divorce will not be automatically granted when one spouse has been unfaithful.