Remarriage After Divorce in Japan – Ohara Law Office

Divorce can be an emotionally trying process, especially when the divorce involves an extended trial or legal proceedings before it can be finalized.  Furthermore, this emotional exhaustion is often multiplied for foreigners getting divorced in Japan as they will likely have to deal with language and cultural differences as they work their way through Japanese mediation or family court.

In many cases, remarriage is not foremost in a recent divorcee’s mind.  Nevertheless, for those individuals who do wish to immediately get remarried, Japan explicitly enforces a waiting period for remarriage after divorce.  Article 733 of the Japanese civil code states that a woman who gets divorced cannot remarry for 6 months after the date of her divorce.  This law applies only to women and it prevents a woman from getting remarried regardless of the circumstances of her divorce.  Even if the husband filed for divorce, he is allowed to immediately remarry while his wife must abide by the 6 month waiting period.

However, there is one exception to this 6 month waiting period.  If a woman becomes pregnant before the end of her marriage, the waiting period will end upon her giving birth, even if the required 6 months have not yet passed.


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