Family Law

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.
June 13, 2017

What is the family registration system in Japan?

The family registration system is used in Japan to register Japanese citizens from birth until death.  In this way, the family register acts as a birth certificate, death certificate, proof of marriage and proof of divorce.  It also can be used to certify Japanese citizenship.  The family register, as the name suggests, is based upon familial relationships and parents, children and spouses will all usually be listed in the same register under a shared last name.
May 22, 2017

Is there any way to prove paternity through the family court in Japan?

Normally, a child born in wedlock, or within 200 days of the start of a marriage, or 300 days from the dissolution of a marriage, will be presumed to be the child of the husband.  However, in the case of a child born outside of these circumstances the court may order a paternity test to determine the father of the child in order to assign responsibility for child support.
May 1, 2017

Can a child be voluntarily returned under the Hague Convention?

Abducting parents are free to return the abducted child voluntarily, even after the start of Hague litigation. Voluntarily returning a child to his or her home country is also often cheaper than engaging in a drawn out and difficult legal battle and may result in more favorable negotiation and cooperation between the parents in the future.