Family Law Archives - Page 5 of 14

August 21, 2017

Can one spouse unilaterally file for divorce based on the other spouse’s adultery?

To obtain a court-ordered divorce in Japan, there must be statutorily recognized reason for granting the divorce. Adultery is one of those five recognized reasons. However, while adultery does provide a potential basis for divorce, divorce will not be automatically granted when one spouse has been unfaithful.

August 18, 2017

What are the requirements to maintain a spousal visa in Japan?

Spousal visas in Japan allow the holder to work freely in almost any profession. Therefore, upon marrying a Japanese national, many foreign nationals decide to switch their visa status to a spousal visa. The main requirement for a spousal visa is that the visa holder continue to engage in activity as a spouse.

July 28, 2017

Do foreign nationals need to file any extra documents to divorce in Japan?

As long as both parties are in agreement, divorce in Japan can be accomplished with surprisingly ease. A Divorce by Agreement in Japan only requires both parties to sign or stamp their seal on a Registration of Divorce and submit it to the local government office. Approximately 90% of divorces in Japan are conducted this way.

July 3, 2017

Is it possible to sue someone for engagement fraud in Japan?

Breach of a promise to marry can lead to an award of damages in Japan. Furthermore, similar to some types of commercial contracts, promises to marry do not have to be written down to be enforceable, as long as there is enough evidence to show the existence of the promise. In many cases for breach of a promise to marry, the promise can be proved through showing that the couple had a traditional engagement ceremony, notified family and friends or purchased rings before the promise was broken.