The key to understanding divorce in Japan is to get a grasp of the different options available under the Japanese legal system. Japan recognizes four main types of divorce, each with distinct procedures:
Divorce by Mutual Agreement (協議離婚, Kyōgi Rikon)
This is the simplest and most common form of divorce in Japan. Both parties agree to end the marriage and register the divorce at their local city or ward office. No court involvement is necessary unless disputes arise.
Divorce by Mediation (調停離婚, Chōtei Rikon)
When couples cannot reach an agreement on key issues such as child custody, division of assets, or spousal support, mediation through a family court is the next step. A neutral mediator helps both parties negotiate and resolve their differences.
Divorce by Judgment (審判離婚, Shinpan Rikon)
If mediation fails, a family court judge can issue a decision to finalize the divorce. This type is less common and usually involves unresolved disputes after mediation.
Divorce by Litigation (裁判離婚, Saiban Rikon)
As a last resort, one party can file a lawsuit to obtain a divorce. Litigation is often lengthy, costly, and emotionally taxing, as it involves presenting evidence and arguments before a court.
Grounds for Divorce in Japan
For contested divorces, Japanese law specifies grounds that justify a divorce:
Adultery
Malicious desertion
Severe mental illness with no prospect of recovery
Cruelty or abuse
Other serious reasons that make the continuation of the marriage unreasonable
In mutual agreement divorces, no specific grounds are required.
Key Issues in Japanese Divorce Cases
1. Child Custody (親権, Shinken)
Child custody laws in Japan differ from many other countries. Only one parent is granted custody after a divorce. The court considers the child’s welfare, including stability and current living conditions, when determining custody.
2. Division of Assets
Japan follows the principle of separation of property, meaning that only assets acquired during the marriage are subject to division. Prenuptial agreements, if valid, can play a role in asset distribution.
3. Spousal and Child Support
While spousal support is rare in Japan, child support is more common. Guidelines for child support are based on the incomes of both parents and the number of children involved.
For Expats: Navigating Cultural and Legal Complexities
Foreigners living in Japan may face additional challenges, such as language barriers and differing cultural expectations. If one spouse is non-Japanese, international aspects of the divorce, such as custody and enforcement of judgments, may require additional legal attention.
How We Can Help
At Ohara & Furukawa, we understand that every divorce case is unique. Our experienced family law team provides compassionate, tailored legal support, ensuring you understand your rights and obligations under Japanese law. Whether you’re considering a mutual agreement divorce or facing a complex litigation process, we’re here to guide you every step of the way.
Contact us today for a consultation with one of our attorneys and take the first step toward clarity and resolution.