Family Law

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 […]
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.
January 10, 2018

How is total income determined when calculating child support in Japan?

Child support in Japan is calculated by comparing the total income of each of the child’s parents.  Therefore, how the total income of each parent is calculated is critical to determining how much child support will be paid.  To set an easy to use standard for determining total income, the  Japanese courts use parents’ tax returns to prove total income.  For parents who are employed by a company, the “paid amount” as shown on the tax return will be used as the parent’s total income.  For parents who are self-employed, the “taxable income” will be used as the total income […]