Ohara & Furukawa, Author at Ohara & Furukawa

November 7, 2018

Divorce and Property Division in Japan

Divorce and property division in Japan are often dealt with as completely separate issues. Although the general rule for division of assets in Japan is a 50/50 split of assets earned during the time of cohabitation, it is not always easy to calculate. Also, it is possible that the time of cohabiting with a spouse prior to marriage could also be counted for this. Divorce and property division in Japan is often resolved through mediation in the family court. In some cases both parties to a divorce may be convinced that they will never be able to work out their […]

November 6, 2018

Japanese and Foreign National Marriage Outside Japan

A Japanese and foreign national marriage outside Japan obviously must first obey the laws of that foreign country. While laws and regulations regarding marriage are generally similar in most developed countries, it is important to check with local authorities to ensure that all of the correct procedures are being followed. One of the requirements for marriage in a foreign country is likely to be the submission of a “certificate of eligibility to contract marriage.” This certificate is often required because the foreign country must confirm that the Japanese citizen is not currently married in Japan and that there is no […]

August 2, 2018

Contracts and Public Policy In Japan

It is necessary to have an adequate understanding of Japanese law to ensure that a contract does not violate public policy in Japan. The interaction between contracts and public policy in Japan is a complex one. Parties in Japan are free to contract regarding almost anything but contracts that are against public policy are considered void. This makes sense and most people would agree that the concerns of public health and safety outweigh the parties’ right to enforce a contract for the sale of illegal drugs. However, there is no specific line to determine which contracts will be considered as […]

March 9, 2018

Marriage of Minors in Japan

The minimum age for marriage of minors in Japan is 18 for men and 16 for women. However, minors, those under 20 years of age, need parental consent to marry. The consent of only one parent is sufficient in cases where the other parent is unknown, has died or is unable to indicate intent.