Is divorce by agreement in Japan recognized in other countries?

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The validity of a Japanese Divorce by Agreement and whether divorce by agreement in Japan is recognized in other countries entirely depends on the laws of that country.  Because a Divorce by Agreement is an extra-judicial process that does not require both parties to be present, and can also easily be faked with a forged signature, many foreign jurisdictions feel uncomfortable recognizing them as valid divorces.  However, very few cases have considered this issue.  The court in H v. H (Queens’s Proctor Intervening) (Validity of Japanese divorce) is one of the few cases to directly consider whether a Divorce by Agreement is valid in a foreign jurisdiction.  After an in-depth consideration of the process and protections afforded by the Divorce by Agreement, the British court found that it was a validly recognizable divorce under British law.

In other countries, the law varies on whether a divorce by agreement in Japan is recognized, but often, a court order is required. In Japan, it is possible to get a court ordered divorce by going to mediation and it is not always necessary to go to trial.

If you have any questions about divorce in Japan please contact our office to set up a legal consultation with one of our lawyers.