News & Blog

June 14, 2023

Dispute Resolution in Japan

While it can’t match the drama of a judge reaching a decision after a long hard-fought trial, settlements are an efficient and relatively low-cost way to resolve disputes between parties.  Settlements allow businesses or individuals to maintain some level of control over their expenses and avoid the risky gamble of a judge’s decision.  Settlements also take effect immediately upon being approved by the court, which saves time and expense when compared to a potentially lengthy appeals process.  For these reasons, a majority of legal disputes are resolved though settlements through negotiations or mediation.  Settlements are negotiated between the parties, sometimes […]
September 15, 2022

Is divorce by agreement in Japan recognized in other countries?

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 […]
July 7, 2022

Child’s Surname in Japan

Normally in Japan, married couples are required to share the same last name.  This requirement is based on the need to centralize the family in one family registry under one single name.  When a baby is born to a couple with the same last name, the child’s surname in Japan will naturally be the name of its parents.
June 28, 2022

Wage Garnishment in Japan

Wage garnishment in Japan is possible in the form of a “compulsory execution”. One of the many tools a creditor has to force a debtor to fulfill his obligation in Japan is to use compulsory execution to force the debtor to pay.  In some cases this can mean confiscating the debtor’s property, but under certain circumstances, perhaps the easiest and most efficient way is to garnish the debtor’s wages.  The debtor’s wages may be seized on a continuous basis until the debt and the creditor’s additional costs have been satisfied.