Divorce in Japan
Types of Divorce
Divorce by agreement
Also called “divorce in ward office”. Parties are able to divorce by signing on paper and submit it to ward office if both parties mutually agreed on divorce.
Non-Japanese people are able to utilize divorce by agreement. However, few countries accept the validity of such type of divorce. Thus, if you are non-Japanese and wishes to ensure the validity of divorce in your own country, I would advise you to file a family court-led mediation.
Divorce by mediation in family court
Mediation in family court is required by law before proceeding to a litigation in district court.
The mediation is held in the family court usually once a month. This process could continue 6 month to 1 year if both parties can’t reach an agreement.
Divorce by judgment in district court
If one party desires to divorce and the other party opposes it, and the dispute was not settled by mediation, judge is entitled to declare divorce with considering whether the ground of divorce exists or not in the disputed case.
Ground for divorce
Divorce is effective when wife and husband both agrees to divorce and submit document to ward office (divorce by agreement). However, if one side of the parties opposes to divorce, the court can declare divorce only when the case meets at least one of the below statutory requirements and the court considers the divorce is appropriate. Such requirements are called “ground for divorce”.
- (i) if a spouse has committed an act of unchastity;
- (ii) if abandoned by a spouse in bad faith;
- (iii) if it is not clear whether a spouse is dead or alive for not less than three years;
- (iv) if a spouse is suffering from severe mental illness and there is no prospect of recovery; or
- (v) if there is any other grave cause making it difficult to continue the marriage.
“Grave cause” of (v) is the most disputed requirement. Various of reason are alleged by the party who demands divorce. For example, (a)Domestic violence, (b)Incompatibility in personality, (c)Incompatibility in sexual life, (d) Incompatibility to other family members, (e)Religious confrontation, (f) Too much gamble, (g)Overspending, (h)Overdrinking, (i)Mental abuse, etc.
Usually, the court considers the marriage is difficult to continue when parties lives separately for about 1 to 7 years and there is one or more of the above reasons. The required term of separation is decided by content of the reasons.
The court basically doesn’t award divorce when the responsible party who makes the reason of the divorce. However, if (a) Separation period is much longer than cohabited period with considering age of parties, (b) There are no minor children between parties, and (c) The non-responsible party would not be placed to severe situation after divorce, the court may declare divorce exceptionally.
If you are wondering whether your case meets to “ground for divorce”, please be advised by lawyers.
Divorce conditions
Even if both spouses agrees divorce itself, they should consider and decide many issues. Such issues are called “divorce considerations”. Usually, these divorce conditions are negotiated upon divorce.
(1) How to divide family property
Distribution of Property
All the properties that is earned while marriage term are deemed as joint property, notwithstanding the name of the property. This means, all the savings which is deposited to your bank account in your name shall be disclosed and summed up. The joint property shall be divided basically 50:50 on divorce.
Properties which you earned before marriage and those you earned by inheritance shall be excluded from the joint property.
Right to demand distribution of property expires 2 years from divorce.
(2) When you have children…
Child Custody
In Japan, a joint custody is not allowed after divorce. Who takes parental right and custodial right is often disputed between parties. Usually, the family court tends to prefer mother when the child is in early childhood.
Child Support
Non-custodial parent should pay child support to custodial parent until the child reaches age of 20. The amount of child support is usually decided by a table which is commonly used in the family court. The table indicates standard amount of child support with considering annual income of both parties, number of children and the age of them. The amount of child support in Japan is said to be comparatively lower than that of the United States.
Both parties is entitled to demand increase or decrease the amount of child support after divorce when there is a significant changes in annual income of both parties.
Ask lawyers when you want to check the standard amount of child support in your case.
Visitation and contacts with child by non-custodial parent
The non-custodial parent is able to demand visitation and contacts to child. The family court usually awards once a month visitation is decided by the best interest of child with considering age of child, effects to the child, past history of visitation, intention of custodial parent and the opinion of the child. The opinion of child is most counted if the child is around the age of 14 or older.
(3) Should I pay for mental damages?
Damages for mental suffering
Responsible party who caused the marriage broken could be claimed to pay mental damages from non-responsible party. The amount of mental damages is usually decided with considering term of marriage, the severity of cause and actual damage that the non-responsible party have suffered.
Attorney Fee
Fee structure
| Consultation fee | First consultation is 10,800 yen per hour. From the second time, the fee is 10,800 yen per 30 minutes |
| Attorney fee | 504,000 yen This fee is payable when you appoint lawyer to certain negotiation, court case or filing |
Payment
Fee is payable by cash, bank transfer or credit card. We accept dollars only by cash (Yen / Dollar exchange rate is based on closing price of the previous bank business day). Payment by installment is available.
