When a Japanese passes away and leaves behind an estate, what the heirs must do is “partition the estate.” The procedure is complex, and due to misunderstandings or lack of knowledge, it is often seen that family relationships deteriorate or mental stress accumulates before resolution in Japan. This article provides an explanation that anyone can […]
1. What kind of mediation is estate division mediation in a Japanese court? This is a mediation procedure conducted at the family court aimed at reaching a resolution when heirs cannot agree among themselves on how to divide the estate. Mediation at the family court is a procedure in which a judge and mediation commissioners […]
Are you wondering, “Can I inherit? How much can I inherit?” This article explains in an easy-to-understand manner, the outlineabout inheritance, including the specific scope and order of those who can become heirs, the differences in inheritance with and without a will, and even cases where one cannot become an heir. In conclusion, the spouse […]
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 […]