Family Law Archives - Page 4 of 14

October 10, 2017

Is a child born in Japan automatically Japanese?

Under the citizenship by parentage system, as long as one of the child’s parents is Japanese, the baby is entitled to receive Japanese citizenship. The birth of the baby must be registered with the local government office or, if overseas, at the Japanese embassy or consulate. However, simply being born in Japan is not enough for a baby without Japanese parents to acquire Japanese citizenship.

September 25, 2017

Can spouses always claim part of an estate in Japan?

Even if a deceased writes a will that excludes a spouse or child, under Japanese law, a spouse can almost always claim a portion of the estate by right. This portion may not be as large as the spouse would have received if there had been no will at all, but this provision is meant to ensure that spouses will always receive something upon the death of their partner.

September 20, 2017

How long can you prevent acceptance of a divorce registration in Japan?

Spouses who are worried that their partner might file a fraudulent divorce registration in Japan can file a Non-Acceptance of Notification of Divorce (rikon fujuri moshidesho 離婚不受理申出書) in order to prevent acceptance of a divorce form. While this non-acceptance used to only last for 6 months, in 2008 the law was changed to allow such non-acceptance to be valid until withdrawn by the submitting spouse.

September 14, 2017

Does marrying a permanent resident of Japan allow the spouse to receive a visa?

There are two types of spousal visas in Japan, one for spouses of Japanese citizens and one for spouses of permanent residents of Japan, although both visas are substantially the same. Therefore, it is possible for a foreign national to receive a visa to enter Japan even if his/her spouse is only a Japanese permanent resident.