FAQ Archives - Ohara & Furukawa

September 15, 2022

Is divorce by agreement in Japan recognized in other countries?

The validity of a Japanese Divorce by Agreement and whether divorce by agreement in Japan is recognized in other countries entirely depends on the laws of that country. Because a Divorce by Agreement is an extra-judicial process that does not require both parties to be present, and can also easily be faked with a forged signature, many foreign jurisdictions feel uncomfortable recognizing them as valid divorces. However, very few cases have considered this issue. The court in H v. H (Queens’s Proctor Intervening) (Validity of Japanese divorce) is one of the few cases to directly consider whether a Divorce by […]

July 7, 2022

Child’s Surname in Japan

Normally in Japan, married couples are required to share the same last name. This requirement is based on the need to centralize the family in one family registry under one single name. When a baby is born to a couple with the same last name, the child’s surname in Japan will naturally be the name of its parents.

June 28, 2022

Wage Garnishment in Japan

Wage garnishment in Japan is possible in the form of a “compulsory execution”. One of the many tools a creditor has to force a debtor to fulfill his obligation in Japan is to use compulsory execution to force the debtor to pay. In some cases this can mean confiscating the debtor’s property, but under certain circumstances, perhaps the easiest and most efficient way is to garnish the debtor’s wages. The debtor’s wages may be seized on a continuous basis until the debt and the creditor’s additional costs have been satisfied.

November 7, 2018

Divorce and Property Division in Japan

Divorce and property division in Japan are often dealt with as completely separate issues. Although the general rule for division of assets in Japan is a 50/50 split of assets earned during the time of cohabitation, it is not always easy to calculate. Also, it is possible that the time of cohabiting with a spouse prior to marriage could also be counted for this. Divorce and property division in Japan is often resolved through mediation in the family court. In some cases both parties to a divorce may be convinced that they will never be able to work out their […]