KOICHIRO YOSHIDA LAW OFFICE > JAPANESE FAMILY ISSUES > Japanese Family Matters/Hague Cases > What should foreigners be aware of when getting an international divorce in Japan?

What should foreigners be aware of when getting an international divorce in Japan?

When foreigners get an international divorce in Japan, there are many things to be aware of, such as which country's laws apply and where to file the notice.In this article, we will explain what foreigners should be aware of when getting an international divorce in Japan.

About international divorce

An international divorce is a divorce between couples of different nationalities, or a divorce in a country other than their own.Therefore, a divorce in Japan by a foreigner is an international divorce.The law that applies when an international legal issue arises, such as an international divorce, is called the governing law.And when a foreigner gets a divorce in Japan, it is stipulated that the governing law must be Japanese law.Therefore, the divorce will basically be the same as when Japanese people get divorced.

Procedure for international divorce

So, what procedures should you take specifically for an international divorce?First, you will need to seek a "consensual divorce," which is a divorce by discussion between the couple.If you can agree on the terms of the divorce and the division of assets, the divorce will be finalized by submitting a divorce notice to the city hall.If the parties fail to reach an agreement on a consensual divorce, they will file for mediation at the family court and aim for a mediated divorce.In Japan, it is necessary to go through the mediation process before filing for a divorce.In a mediated divorce, the couple will negotiate with a mediator separately at the family court to reach an agreement on the divorce and its terms.If the parties fail to reach an agreement even after a mediated divorce, the divorce proceeding will be decided in court and it will be decided whether the divorce can be granted.

Things to note when getting an international divorce in Japan

There are a few things to note when a foreigner gets an international divorce in Japan.

Divorce procedures must be carried out in both countries

First, if the marriage has been established in both countries, divorce procedures must be carried out in both countries.Divorce procedures in Japan can be carried out in the manner described above, but if divorce procedures have not been carried out in your home country, you may be unable to remarry.

 There are cases where you need to pay alimony

This may not be familiar to foreigners, but in Japan, if one spouse is responsible for the divorce due to infidelity, that spouse usually pays alimony at the time of divorce.Therefore, if you divorce in Japan, you should be aware that the other party may claim alimony.

About remarriage

Even if you have not completed an international divorce in Japan, if you were not married in your home country or if you have divorced, you can remarry in your home country.However, you should be careful because you cannot remarry in Japan unless you divorce.

About residence visas

If a foreigner is residing in Japan on a spouse visa, divorce may mean that they will no longer be able to renew their visa and will no longer be able to stay in Japan.In some cases, you may lose your livelihood, so you should be careful about this when divorcing.

About children

If a couple has minor children, the child's home country law will apply to parental rights in most cases.Therefore, if the child's home country law is Japanese law, as with divorce itself, the first step is to decide who will have custody through consultation, and if that fails, mediation and litigation will be carried out.However, if the law is foreign, custody will be decided according to the law of that country.In some cases, joint custody may be adopted, so cooperation between the couple is often necessary even after divorce.Regarding child support, it is important to be careful because child support is likely to go unpaid when the former couple lives in different countries after divorce.Therefore, it will be necessary to take measures such as receiving a lump sum of money from the other party before leaving Japan.

 Summary

In this article, we have explained what foreigners should be aware of when getting an international divorce in Japan.When a foreigner gets an international divorce in Japan, the divorce will basically be carried out according to Japanese law.However, it is important to be aware that there are cases where divorce must be obtained in both countries, and that foreign law may apply depending on the child's home country law.At Yoshida Koichiro Law Office, we accept requests for international divorce, Hague cases, and general family disputes.Please feel free to contact us.The Japanese Lawyer with Real International Experience