Everything you need to know about divorce in Japan

1. Everything you need to know about divorce in Japan

Divorce has never been an easy problem to resolve, and divorce in Japan is no exception. We know that this process can seem very complicated to foreigners, which is why we've compiled this comprehensive guide to divorce in Japan. In the article below, we will provide you with all the relevant information about divorce in Japan, whether you are seeking to separate from a foreigner or a native Japanese person. We'll review the legal process surrounding divorce, walk you through some of the requirements, and ultimately give you a better idea of ​​what you can expect.

What are the forms of divorce in Japan? For Japanese courts, it is important that both divorcing parties reach an agreement, both regarding separation and property division. As you might expect, the more points a couple can agree on, the easier the court's task becomes. Unfortunately, not all divorces are the result of mutual agreement, and even when spouses agree that they would be better off living alone, conflict can still arise over division. division of property.
Therefore, in Japan there are many types of divorce depending on the level of agreement between the two parties.
Please note: Even before deciding on a divorce, it can be helpful to meet with an attorney if you are considering separating from your spouse. They can walk you through the available options, help you assess your personal situation, and provide you with detailed information about each process.

2. Divorce by agreement

Divorce by agreement (also known as rikon, in Japanese) is by far the most common type of separation in the country, with most divorces never even going to court (to everyone's relief than). As the name suggests, divorce by consent occurs when both spouses agree that a divorce is in their best interests and can constructively discuss the division of assets, rights and property. child rearing and other related issues.

Divorce by agreement is also the fastest because it does not involve a Japanese court and is therefore not determined by the intervention of a third party. In the case of an amicable divorce, both spouses will sign the divorce papers (called rikon todoke) which they will then submit to the local government office. Since both parties agree on the divorce and agree to reach an amicable conclusion that satisfies everyone involved, there is no need to get a judge involved or take the case to court.

However, hiring a lawyer is always a good idea to ensure that you get everything you want out of your divorce and that both parties are satisfied. Because negotiations can become tense or emotional, having an attorney present can help resolve the situation and reach a satisfactory outcome. The lawyer will help both spouses resolve differences and negotiate difficult issues such as child custody, child support, and property division.

3. Why do you need a lawyer?

If the purpose of divorce by agreement is that husband and wife are voluntary, then what is the lawyer's purpose? Well, even if you and your partner agree that the best solution is to break up, problems can still arise in the future.
For example, when children are involved, there needs to be a child support plan. To ensure that child support is paid according to this initial agreement, an attorney can help draft a legally binding document that is then notarized. This can be helpful if there is conflict between you and your ex in the future.

Another advantage of hiring a divorce lawyer is that although they are not impartial, they will not be as erratic or emotional as the couple themselves. This will allow for better, smoother negotiations and ultimately lead to a solution that benefits everyone involved.
Finally, an attorney can give you an idea of ​​what constitutes fair child support and what excessive demands are, so you can be sure you will receive a fair settlement in your case. his divorce.
Obviously, divorce by agreement is difficult because in many cases, it will be difficult for both parties to agree on these delicate issues. However, if you and your spouse both want a divorce and are willing to resolve everything peacefully, divorce by agreement is the best option because it will save you a lot of time and money.
Note: Keep in mind that some states or countries do not recognize divorce by agreement. Therefore, if you are a foreigner concerned about the legality of divorce in your country, it is better to turn to the family court.

4. Divorce by mediation

Above we talked about what happens when both spouses agree to divorce. But what if they don't? This is where divorce is usually requested through mediation.
Divorce by conciliation (chotei rikon) is initiated by filing an application for compulsory divorce by conciliation, which is then brought to the family court. The application may be requested by either party and will be completed by an attorney on their behalf.

As we saw above, divorce in Japan goes more smoothly when both spouses agree. This is the ultimate goal of divorce through mediation, which is for both parties to agree on important issues (divorce, property division, child custody, etc.) so that they can then proceed with the proceedings. divorce custom. Obviously, if you request a divorce through mediation, you will need to meet with a lawyer to guide you through the steps of filing your request and also to prepare you for the mediation process.
A conciliated divorce takes place in a formal setting and before a conciliation committee (consisting of a conciliator and a conciliator) and a judge. The main advantage of a mediated divorce is that you will not have to interact with your spouse. Instead, one spouse will have to appear before a conciliation commission, which will then act as a mediator and negotiate the amicable terms of the divorce. They will be the ones to help you and your spouse reach solutions regarding property division, child custody, and other important issues. They will also negotiate the divorce themselves if one party is not willing to divorce.

However, mediation can succeed or fail. There is no guarantee that if you request a divorce through mediation that you will automatically be granted one. In fact, if reconciliation fails, it is likely that the divorce will be denied and married life will continue as normal. If mediation fails, the divorce procedure will move into the litigation phase and if mediation also fails, you may be denied a divorce. In rare cases, the court will enter a judgment and grant a divorce on your behalf. However, this often happens when both spouses agree on the divorce and the main points of discussion, but cannot agree on the secondary topics. If one spouse strongly opposes the divorce or cannot agree on any major issues, it is likely that the divorce will be denied.

If both parties reach an agreement during the mediation process, the mediation committee will issue a legally binding written report and ensure that both parties honor their promises. .

Q&A

Question 1: What are the grounds for divorce in Japan?

Answer 1: In Japan, there are several grounds for divorce, including mutual consent, spousal misconduct, separation for an extended period, and more. Mutual consent divorce is the most common, where both spouses agree to divorce. In cases of spousal misconduct, such as adultery or domestic violence, a divorce can also be granted.

Question 2: What is the divorce process like in Japan?

Answer 2: The divorce process in Japan typically involves filing a divorce petition with the family court, attending mediation sessions, and reaching an agreement on matters like property division, child custody, and financial support. If the parties cannot agree, the court will make determinations on these issues.

Question 3: Is mediation mandatory in Japanese divorce proceedings?

Answer 3: Yes, mediation is a mandatory step in Japanese divorce proceedings. Parties are required to attempt reconciliation and resolve issues through mediation before the court makes a final decision. If mediation fails, the court will proceed with the divorce proceedings.

Question 4: How long does it take to get divorced in Japan?

Answer 4: The time it takes to complete a divorce in Japan can vary depending on factors like the complexity of the case and whether the parties can reach an agreement. In uncontested cases, where both spouses agree to divorce and settle all related matters, it can take several months. Contested cases that require court intervention may take longer, sometimes up to a year or more.