[Question]I want to divorce my Japanese husband because of his infidelity. Can I demand the payment of consolation money and the distribution of property? We’ve been living in Japan.

[Answer]

If you and your husband reach an agreement over the financial arrangement, you can make the agreement in writing and have it notarized at notary public. By adding a statement saying “in case of failure to comply, I can ask for execution of payment,” you can garnish assets without going through court procedures.  

If you fail to reach an agreement, you can seek legal settlement and demand the payment of alimony and the distribution of property under the Japanese law, which is the applicable law in divorce between a couple of a Japanese and a foreigner who have their domicile in Japan. The amount of alimony is determined based on the length of your marriage, fault in marital breakdown, spouse’ financial ability and other factors. The marital property you and your husband have acquired during the marriage can be divided equitably. Since April 1 2007, retirement pension benefits accumulated during a marriage can be divided at the time of divorce. The non-contributing spouse is given entitlement to one-half of the benefits earned during the marriage.


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[Question] After divroce, my former Japanese spouse has custody of our child and she refuses my request to access. What should I do?

[Answer]

Japanese civil code does not permit parents to seek joint legal custody of their children after a divorce. And a divorce notification will not be accepted with a municipal office unless a decision is made over which parent will take sole custody of their children. Someone who assumes parental authority has the duty and the right to care for, educate, and administer the property of the child, in the best interest of the child, until he/she reaches the age of 20.

As for “child visitation rights,” the Japanese Civil Code does not clearly specify a non-custodial parent’s right to seek access to their children after divorce. Typically the court with jurisdiction over the area where the child lives is given jurisdiction over the case as it has close bonds with the child.

Furthermore, the governing law in this situation is the same law employed to determine child custody. This law states that “if the child holds citizenship in the same country as either the mother or father (or in the case either of the parents is deceased or their whereabouts are unknown, the law of the remaining parent’s country), the law of that country will be employed.” If this is not the case, the law of the country in which the child is domiciled will be employed.

In your case, if a Japanese court is given jurisdiction over the child visitation rights, you will have to file arbitration to seek access to your child with a family court in Japan.

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