Japanese Legal Blog - Ohara Law Office

November 7, 2018

Is it necessary for a couple to go through divorce mediation if they are sure they want a divorce but cannot agree on a division of property?

In some cases both parties to a divorce may be convinced that they will never be able to work out their differences through mediation. However, the family court judge is the only person who can make the final decision regarding whether divorce mediation will not be able to produce an agreement between the parties. The judge will inform his or her decision by discussing with the mediators and family court investigator but the parties to the divorce do not get to choose when the mediation will end and a potential divorce trial can begin. This means that even couples who […]

November 6, 2018

What documents are needed for Japanese and foreign couples marrying outside Japan?

A Japanese person marrying a foreign national in a foreign country 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 […]

August 2, 2018

Are there any limits on what can be contracted to in Japan?

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 “against public policy,” and contracts that might infringe on public policy are dealt with on a case-by-case basis. Sometimes these public policy goals may not be as obvious as the above example where the contract in […]

March 9, 2018

Can a minor marry without the consent of his or her parents?

In Japan, the minimum age for marriage 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.

News & Blog

Is it necessary for a couple to go through divorce mediation if they are sure they want a divorce but cannot agree on a division of property?

What documents are needed for Japanese and foreign couples marrying outside Japan?

Are there any limits on what can be contracted to in Japan?

Can a minor marry without the consent of his or her parents?