marriage

July 25, 2016

Do married couples have a duty to support each other even when separated?

Married couples have a duty to financially support each other during the course of their marriage.  This duty to support exists even when the spouses are living separately.  Usually these support payments will take the form of monthly bank transfers, similar to child support after divorce.  The amount of money should be enough to provide for the daily necessities of the lower-income spouse.
May 20, 2016

Does marrying a Japanese citizen automatically grant the spouse Japanese citizenship?

Simply marrying a Japanese citizen does not automatically grant Japanese citizenship to a foreign national.  Attaining Japanese citizenship must be done though the normal naturalization process.  While the naturalization process is somewhat easier for spouses of Japanese citizens, the naturalization application is quite time consuming and detailed.  In addition, there may be a waiting period of several years before the spouse can apply, depending on the circumstances.
March 9, 2016

How does marriage affect separate and joint property in Japan?

Marriage in Japan, like many other parts of the world, acts not only as a social union but as an economic one as well.  In generally, husband and wife are expected to share property as one joint economic unit.  However, even after marriage there are certain objects that couples like to think of as solely their own and to some extent the law recognizes this. 
March 7, 2016

Is there a waiting period for women to remarry after a divorce?

Under statutory law in Japan, a woman must wait six months after the end of her previous marriage before she can remarry. This applies whether it was the husband or the wife who petitioned for divorce.  This law was originally designed to allow for time to clearly establish the father of any children born to the newly divorced wife, however, as technology has advanced, this 6 month waiting period has become less and less relevant. Therefore, in a recent decision, the Japanese Supreme Court ordered that the 6 month waiting period was unconstitutional.  However, to many women’s dismay, the court did […]