[Answer]
The governing
law of divorce will be ①the
law of the country of the husband and wife when they have the same
nationality, ②the law of domicile when they don’t have the common nationality or ③in the absence
of such laws the law of the place on which they have the most material bearing,
according to Article 27 of the “Act on General Rules for
Application of Law.” You can seek
divorce in accordance with the Japanese Civil Code if you and your Japanese
spouse are regarded as having domicile in Japan. Under the Japanese law,
marriage can be dissolved by “kyogirikon” or divorce by mutual consent, “choutei
rikon” divorce by family court-instituted arbitration, and “saiban rikon”
divorce by court ruling. The causes for which the court grants divorce will be
those provided in the Japanese law.
It is up to your country to decide whether divorce itself is legal or whether the divorce granted in Japan
should be recognized in your country, so it is advisable you consult with
your embassy or consulate general.
Divorce by mutual consent can be reached
when both husband and wife agree to get divorced and other divorce-related
issues. All you need to do is fill out a divorce paper after affixing your seal
or signature and submit it with your city office. You have to decide who gets the
custody of your underage children before submitting the divorce paper. You need
two witnesses who sign your divorce paper.
Divorce by arbitration is a process
for resolving disputes over various legal issues, including division of
property, compensation, child support allowance, child custody and visitation
rights as well as divorce itself. Unlike typical court cases, a judge does not issue
a ruling in arbitration procedure. Parties who do not reach an agreement
through arbitration can either drop the case or proceed with the court trials.
If they can resolve all of their pending issues of their divorce through
arbitration, however, an arbitration statement is written up, which is enforceable
just like those issued by a judge. A plaintiff usually has to file an arbitration
settlement with the family court which has a jurisdiction over the place a
defendant lives or the one which both a plaintiff and a defendant agree upon.
If there is any specific reason you have to choose a certain family court, you
should consult with clerks of the court you wish to file divorce arbitration
with.
Divorce by court ruling follows only when family
court-assisted divorce arbitration fails. The court grants divorce if the
grounds for divorce are in line with the provisions in the Civil Code.
Attorneys are usually retained if you have to go though divorce by court
ruling.