January 10, 2018

How is total income determined when calculating child support in Japan?

Child support in Japan is calculated by comparing the total income of each of the child’s parents.  Therefore, how the total income of each parent is calculated is critical to determining how much child support will be paid.  To set an easy to use standard for determining total income, the  Japanese courts use parents’ tax returns to prove total income.  For parents who are employed by a company, the “paid amount” as shown on the tax return will be used as the parent’s total income.  For parents who are self-employed, the “taxable income” will be used as the total income […]
November 29, 2017

Are prenuptial agreements legal in Japan?

Japan’s Civil Code section regarding prenuptial agreements states that husbands and wives may enter into a contract before marriage that authorizes a different asset distribution from the normal statutory division used in a divorce.  This allows the husband and wife to enter into a prenuptial agreement regarding the division of their assets upon divorce.  However, there are some strict conditions on the use of this statute that couples should be aware of.
November 24, 2017

What are the requirements for maintaining a spousal visa in Japan?

The only major requirement for keeping a spousal visa in Japan is to continue to stay married to a Japanese national.  In general, spousal visas do not apply to couples who divorce or where one spouse has died, although it may be possible to switch to a long term visa in some cases.   It is important to note that, even if the couple is legally married, they must also meet a certain standard of marital behavior and marriages that seem fraudulent risk the possibility of having a renewal visa rejected.
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.