If you need to divorce in Japan or you are involved in an international divorce with a Japanese citizen, it is important to understand how the local legal system works. Divorce lawyers in Japan can help you with all the procedures that differ considerably from those in many European countries, and our attorneys in Japan can offer you consultancy so that you can better understand the importance of a specialized lawyer in this type of case.
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What is the role of a divorce lawyer in Japan?
A divorce lawyer in Japan can provide legal assistance in negotiating agreements between spouses, drafting documents, and representing them in court. They can explain to you what the rights and obligations are related to child custody, alimony, or the division of joint property.
If the spouses are of different nationalities, our divorce lawyers in Japan can assist both applicants with document translation or clarification of the law applicable to their situation. The Ministry of Justice of Japan notes that family proceedings may involve special rules for foreign citizens and for the recognition of documents issued in other countries. Our legal experts in Japan can clarify any issues you have regarding this situation.
How does an amicable divorce work in Japan?
The most common form of divorce in Japan is mutual consent divorce (“Kyogi Rikon”). In this case, the spouses complete and file a divorce form with the competent local authority, without the need for a court order.
Even though the procedure seems simple, consulting a lawyer is recommended when there are minor children or significant joint assets. A lawyer can check that the agreement protects the rights of both parties and that the documents are drafted correctly.
What types of divorce are in Japan?
Several types of divorce are recognized in Japan, each with its own rules and procedures. The choice of procedure depends on whether or not there is an agreement between the spouses.
The main forms of divorce in Japan are:
- Divorce by mutual consent (“Kyogi Rikon”);
- Divorce by mediation (“Chotei Rikon”);
- Divorce by court order (“Saiban Rikon”);
- Divorce by family court order (“Shinpan Rikon”).
In most cases, Japanese courts initially recommend family mediation before starting a full trial.
Is a court intervention necessary?
Yes, if the spouses cannot reach an agreement on the divorce, child custody, or financial matters, the case may be referred to the Family Court. The Family Court in Japan has jurisdiction over most family disputes and frequently uses mediation.
In mediation, mediators and judges try to help the parties find an amicable solution. If mediation fails, the case may proceed to court.
How are child custody issues resolved in Japan?
According to the Ministry of Justice (MOJ) in Japan, after a divorce, sole custody of the child is awarded to one of the parents. The Japanese system does not typically use joint custody after divorce, although the subject has been heavily discussed in recent years.
Courts consider the best interests of the child and the living conditions provided by each parent. In international cases, lawyers may also work with specialists in private international law.
What issues often arise in international divorces?
Divorces between Japanese citizens and foreign nationals may involve additional difficulties regarding jurisdiction or recognition of the divorce in other countries. In some cases, a judgment issued in Japan must also be officially recognized in the country of origin of one of the spouses.
Another important aspect that can become a problem during a divorce in Japan is the language barrier, as legal documents need to be officially translated. However, this can be solved by turning to Japanese law firms that also offer translation services into other languages for international citizens.
How can divorce lawyers in Japan help you with an international separation?
Divorce lawyers in Japan can check which law applies and whether the proceedings should be opened in this country or in another country. They may also coordinate document translations and communication with foreign authorities or courts.
In situations where property, children, joint assets, or court decisions issued in multiple jurisdictions are involved in the divorce, in Japan, both Japanese lawyers and lawyers from the foreign client’s country of origin are included in the legal teams.
Can foreign lawyers practice law in Japan?
Japan allows foreign lawyers to practice as “Registered Foreign Lawyers” (“Gaikokuho Jimu Bengoshi”). They must be licensed by the Ministry of Justice and registered with the Japanese Bar Association.
These lawyers can provide advice on the law of their home country and certain international issues. However, direct representation in Japanese courts is limited depending on professional status.
What documents are important in a divorce in Japan?
It is important to know that, depending on the type of divorce and the family situation of the two spouses, the documents requested can differ.
But, to give you a clearer idea, these are some of the main documents required for a divorce in Japan:
- marriage certificate;
- passport or residence permit;
- documents regarding children;
- financial agreements;
- proof of income and assets;
- certified translations;
- official divorce form.
This is another reason why you should seek guidance from divorce lawyers in Japan, because they will guide you through this process step-by-step.
Why is it important to consult a lawyer before getting a divorce in Japan?
Even in the case of an amicable divorce, certain decisions can have significant long-term legal and financial implications. Child custody, visitation rights, and financial obligations can be difficult to change later.
Please remember that in Japan, divorces can be resolved amicably, through mediation or through the courts, depending on the family situation and the degree of understanding between the spouses.
Our divorce lawyers in Japan can explain to you the legal risks and verify that the documents comply with Japanese law. They can also help you avoid problems with the recognition of the divorce in other countries. So, if you are in this type of situation, please contact us for more details.