Family Law

When considering divorce in Japan, it is essential to consider how assets are divided in a divorce in Japan. In Japan, the equitable distribution of property is guided by Article 768 of the Japanese Civil Code, which allows for the division of shared assets during divorce. Let’s break down the key points: Types of Property: Separate and Marital Assets Separate Property (Kojin Zaisan): Assets owned by one spouse prior to the marriage typically remain that spouse’s separate property. Inheritances and monetary gifts received individually during the marriage are generally considered separate property. Marital Property (Kyōyū Zaisan): Assets acquired during the […]

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, […]

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 […]

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.