Navigating the minefield of divorce proceedings in Japan can be a tricky issue, only complicated further by the complexities involved in dissolving an international relationship.
Our law firm has years of experience working on international divorce cases in Japan and understand the unique cultural and linguistic issues that complicate the delicate issues involved in these matters. We strive to educate and inform our clients about the Japanese legal issues involved while working hard to resolve them in the best possible manner for our clients. We strive to give our clients piece of mind in what can be a stressful and confusing process.
The Three Main Types of Divorce in Japan:
Divorce by agreement:
Divorce by agreement is the simplest way to obtain a divorce in Japan. To obtain a divorce by agreement, couples need to agree on an amicable division of their property and custody for their children. After filling out a simple divorce registration (離婚届rikon todoke), both parties will sign, or stamp their hanko, on the form. This form is then delivered to the local city office to complete the divorce.
International couples are also allowed to obtain divorces by agreement but there are several downsides that need to be considered. First, due to the simple nature of the divorce registration form, there is no space to write in visitation agreements for children.
Furthermore, divorces by agreement are carried out at government offices without the involvement of a court of law and therefore they may not be considered valid under the laws of foreign states. Therefore, it is always best to discuss with a lawyer before considering obtaining a divorce by agreement.
Divorce by mediation:
Divorce by mediation can be obtained by couples who can agree on the need to divorce but cannot agree on a division of property or custody. Couples will attend mediation sessions at their local family court where they will meet separately with mediators to discuss potential ways to reach an amicable agreement.
International couples may wish to pursue a divorce by mediation because, unlike a divorce by agreement, a divorce by mediation has the advantage of being a judicial process recognized by most countries around the world. Furthermore, the cost, simplicity, privacy and ability to negotiate through potential problems are preferable to a divorce by litigation.
Divorce by litigation:
Divorcing by litigation is the last option when couples are unable to agree to the terms of a divorce in mediation. Couples must be able to prove in court a reason for their divorce, which could include adultery or breakdown of the marriage.
Divorces by litigation result in a court order of divorce, fully enforceable in most countries around the world, so international couples who pursue this option are more likely to have their divorce recognized in their home country than if they obtained a divorce by agreement.