Visa Q&A November 16, 1999

VISA Q and A on FM COCOLO 76.5 MHz
Seperate Foreign Nationals getting a divorce in Japan
On Aired Data: November 26, 1999

Summary of the On Aired Program

Client:
French female, who is currently married to an British male. They have been living in Japan for the past ten years. Her husband is working at an English language school, and she is a designer. They have no children.

Case:

She would like to get a divorce with her husband. According to the British law, you must file a divorce at court, whereas in France you can get a divorce just by mutual agreement. She has heard that also Japan, couples can get a divorce just by mutual agreement.Also, if they can get a divorce in Japan, she would like to know if she can demand compensation money, as well as distribution of property?

Divorce of an International Marriage is very difficult because it concerns two separate laws. When the concerned two country’s law states the same contents, the couple will be able to get a divorce under their law. But like in this case, where the two laws state different conditions on getting a divorce, the couple is eligible in getting a divorce under the law of their present address. Our client has lived in Japan for 10 years, so they can get a divorce under the Japanese law.

To get the divorce, they should visit their local municipal office (Shiyakusho or Kuyakusho), and hand in the documents for the mutual agreement on divorce.

Compensation money is paid for the damages made, and one may demand it within 3 years after the marriage. Being unfaithful, or domestic violence is an example of what “damage” is considered in a marriage. In such a case, other spouse may demand compensation money from the guilty spouse. But in a mutual agreed divorce, normally it is considered that both have agreed on the divorce without either of them paying any compensation money.

When a couple agrees on the divorce, the couple should also talk about how to divide the property they own. If they cannot come up with a peaceful solution amongst themselves, they can file for the distribution of property if it is within 2 years after their divorce. The family court will take care of the matter.