divorce

In Japan, married couples have a legal obligation to remain faithful to each other.  Therefore, if one spouse is unfaithful, both the unfaithful spouse and the cheating 3rd party, may have an obligation to pay damages to the non-cheating spouse.  This is also true in the case of couples who are merely engaged rather than married, especially when the affair causes the breakup of the engagement.

Divorce in Japan may be accomplished by agreement between the two parties, filed at a local government office. This process is entirely extra-judicial and therefore there is no need to appear in court. Both parties must agree on distribution of assets and any potential custody arraignments for children. Otherwise the family court will need to get involved to make these decisions.

While most divorces are carried out by mutual agreement in a non-judicial proceeding, judicial divorce is also available in Japan for situations where the husband and wife cannot agree. However, a couple may only file for a judicial divorce under one of the following conditions: 1) a spouse has committed adultery, 2) one spouse abandons the other in bad faith, 3) it is not clear if one spouse is dead or alive for 3 years, 4) one spouse suffers from severe mental illness from which there is no prospect of recovery, or 5) there is other grave cause for divorce.