Family Law

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 […]
December 25, 2017

Can a foreign couple marry in Japan?

Foreign couples that live in Japan are allowed to marry in Japan just as any ordinary Japanese citizen would be allowed to.  The foreign couple needs to register their marriage at the local government office and both parties will need to submit a certificate of legal capacity to marry along with Japanese translations.  Completing these procedures will legally marry the couple under Japanese law.
November 29, 2017

Are prenuptial agreements legal in Japan?

Japan’s Civil Code section regarding prenuptial agreements states that husbands and wives may enter into a contract before marriage that authorizes a different asset distribution from the normal statutory division used in a divorce.  This allows the husband and wife to enter into a prenuptial agreement regarding the division of their assets upon divorce.  However, there are some strict conditions on the use of this statute that couples should be aware of.