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.