divorce

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 […]
January 10, 2018

Calculating child support in Japan

Calculating child support in Japan is done 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 […]
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.