The below will explain in detail how divorce can be effected in Japan and the divorce procedures in the Japanese court system. 1 Five ways to divorce There are the following five types of divorce methods in Japan. ① Divorce by agreement or paper divorce (Article 763 of the Civil Code of Japan)② Divorce by court […]
Consensual divorce is possible when the husband and wife consult and agree with one another about the divorce. This type of divorce is recognized under Article 763 of the Civil Code of Japan. No court procedure is necessary in this case. In contrast, divorce by trial (saiban-rikon) is used only when there is a legally […]
Divorce mediation is one form of family mediation under Japan’s Civil Code and Civil Procedures Law. This procedure is often used in Japan. Family mediation can handle matters which could be solved by personal status litigation (jinji sosho) and any other disputes related to families. Divorce mediation is accepted since divorce can be handled as […]
Divorce by family court adjudication is rather rare. In the process called shinn-pann under Japanese family law in general, a judge will decide certain specific matters regarding family based on a review of documents filed by the parties and of the results of an investigation conducted by a family court iteserlf. There are almost no […]
First, in Japan, a party may not arbitrarily initiate a divorce by trial. The parties must first attempt to agree by mediation. This is called the mediation-first principle. A reason for the divorce is required for a divorce by trial. Article 770, Section 1 of the Civil Code of Japan sets forth the cases in […]
Under Japanese law, there are four possible divorce procedures: 1) consensual divorce(divorce by mutual consent (no court involvement) (kyougi-rikon)), 2) mediated divorce (chotei-rikon), 3) divorce by family court adjudication (shinpan-rikon), and 4) divorce by family court decision (saiban-rikon).
When divorcing under Japanese family law, only one parent has parental rights. This is called “sole parental rights”. It means that one party loses their parental rights in a divorce, even though there were two parents before divorce. (The mother and father jointly hold the parental rights during the marriage.) There is much criticism of […]
The standard for parental rights decisions is “the best interests of the child.” (Section 6, Article 819, Civil Code of Japan) The judge considers and decides based on which would be best for the child. The judge considers and decides, but not arbitrarily. In general, the following items are investigated and considered. In terms of […]
Child support is the expenses required to raise the minor child until he or she becomes independent as an adult. It is not explicitly recognized as such in the provisions of the Civil Code of Japan or any other Japanese family law , but it can be considered a responsibility shared by the husband and […]
There is a standard table of child support calculations for the speedy and fair calculation of child support. It is also used by private practitioners (attorneys). The table is used to find the standard amount of child support. There are cases where the divorcing parties agree according to this standard and achieve a divorce by […]