As part of a divorce proceeding in Japan, courts will sometimes award damages to compensate for mental and physical suffering. However, these damages are awarded on a case-by-case basis and do not apply to every divorce. Typically, damages in divorce cases will be awarded in cases where one spouse was cheating. In these cases, the non-cheating party will be able to make a claim for damages from the cheating spouse. This is especially true in cases where cheating forms the basis for filing for divorce.
The amount of damages will vary by case and circumstances. In many situations, the easiest and simplest way to settle these damages is to privately negotiate them outside of court with the help of a lawyer. However, it is also possible to claim these damages in court as part of divorce litigation. Furthermore, damages can also be claimed from a spouse’s mistress or any 3rd parties involved in the affair.
If you have any questions about divorce in Japan please contact our office to set up a legal consultation.