Family Law Archives - Page 4 of 14

November 8, 2017

Do couples meet during divorce mediation in Japan?

A couple scheduled for divorce mediation will be given a time to report to their local family court. Since the couple will enter mediation separately, usually the times for them to arrive will be staggered, so one spouse arrives after the other spouse has already started mediation. This reduces the likelihood that the couple will run into each other in the family court lobby or hallway.

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used to only last for 6 months, in 2008 the law was changed to allow such non-acceptance to be valid until withdrawn by the submitting spouse.