Ohara Law Office

November 29, 2017

Are prenuptial agreements legal in Japan?

Japan’s Civil Code section regarding prenuptial agreements states that husbands and wives may enter into a contract before marriage that authorizes a different asset distribution from the normal statutory division used in a divorce.  This allows the husband and wife to enter into a prenuptial agreement regarding the division of their assets upon divorce.  However, there are some strict conditions on the use of this statute that couples should be aware of.
November 27, 2017

How do cases appear before the Japan Supreme Court?

The Supreme Court is the highest court in Japan and the final arbitrator of legal disputes.  For a case to get heard by the Supreme Court it must have been litigated, and have reached a judgment, at every lower court without having settled or been dismissed.  Therefore, it is quite rare for cases to reach the level of the Supreme Court in Japan.
November 24, 2017

What are the requirements for maintaining a spousal visa in Japan?

The only major requirement for keeping a spousal visa in Japan is to continue to stay married to a Japanese national.  In general, spousal visas do not apply to couples who divorce or where one spouse has died, although it may be possible to switch to a long term visa in some cases.   It is important to note that, even if the couple is legally married, they must also meet a certain standard of marital behavior and marriages that seem fraudulent risk the possibility of having a renewal visa rejected.
November 22, 2017

What is an Inspection Clause?

In order to ensure that the buyer officially accepts the products being sole, it is important to include an inspection clause in any purchase and sales agreement.  An inspection clause  mandates that the buyer has a duty to inspect the goods upon receipt and report any problems to the seller.  This requirement ensures that, if the shipment is defective in some way, the buyer’s inspection will catch it and it won’t arise as a problem later on.