Are there any extra procedures foreign nationals have to take when marrying in Japan?
When a foreign national marries a Japanese national in Japan, there are some additional procedures that need to be followed according to Japanese law. First, the Japanese spouse should submit a certified copy of his/her family register and the foreign national must submit a copy of his/her passport and certificate of Alien Registration.
The foreign national should also submit a “certificate of eligibility to contract marriage” which may vary in form depending on the foreign country. Usually this is a written statement issued by the foreign national’s government that states that the foreign national meets all legal requirements for marriage. This document can usually be obtained at a consulate or embassy in Japan but some foreign countries will not issue them abroad and the certificate must be obtained from a judge or notary working in that country.
Some countries, like America, do not issue “certificates of eligibility to contract marriage.” Instead, American citizens must submit an “affidavit of competency to marry” that meets the requirements of his/her home state and have that affidavit notarized.
There will be circumstances where obtaining a “certificate of eligibility to contract marriage” or an “affidavit of competency to marry” might be impossible. Persons in those situations can write an explanation of why they cannot obtain these documents and include a copy of the marriage laws of their country. In addition, there may be additional documents that are also required depending on the foreign national’s home country.
Is it possible for both spouses to keep thier original family names after marriage?
Upon marriage in Japan a Japanese couple must choose to adopt either the wife’s or the husband’s family name. Therefore, it is not possible for both spouses to keep their pre-marriage names. This is due to the peculiarities of Japan’s family registration system. When two people marry in Japan, one spouse moves into the other’s family tree and takes the other spouse’s family name. Therefore, it isn’t normally possible to have a spouse with a different name from the rest of the family tree. Even though it is equally possible for a husband to take his wife’s last name upon marriage, in a vast majority of cases, the wife will take the husband’s last name.
However, the rule requiring a single last name for both spouses does not apply to marriage between a Japanese citizen and a foreign national. If the foreign national’s home country allows spouses to keep their pre-marriage names, then Japanese law does not require the couple to take only one name after marriage.
If you have questions about marriage in Japan please contact our office for a legal consultation.
Can a minor marry without the consent of his or her parents?
In Japan, the minimum age for marriage is 18 for men and 16 for women. However, minors, those under 20 years of age, need parental consent to marry. The consent of only one parent is sufficient in cases where the other parent is unknown, has died or is unable to indicate intent.
For contrast, most states in America set a minimum age for marriage at 18 for men and women, although many states will allow minors under 18 to marry with their parents’ permission. Only two states set a minimum age for marriage at something higher than 18. In Nebraska, the minimum age without parental consent is 19 and in Mississippi it’s 21.