Family Law

In international divorce cases involving Japan, Japanese courts apply Japanese law if at least one spouse is domiciled or habitually resident in Japan, unless both spouses agree in writing to apply foreign law.

In Japan, judicial divorce is granted only if one of five statutory grounds under the Civil Code is proven, such as adultery, abandonment, or unexplained disappearance for three years.

Yes, you can file for divorce in Japan even if your spouse’s whereabouts are unknown, through a court judgment (not mutual consent), after fulfilling legal requirements including public notice.

No, a court case is not always required for divorce in Japan. Couples can divorce by mutual agreement (kyōgi rikon) without going to court.

Yes, in Japan, a woman must wait 100 days after divorce before remarrying, unless she gives notice of pregnancy or gives birth during that period.

Child support in Japan is determined by mutual agreement between parents or, if they cannot agree, by family court mediation or judgment using the 'Child Support Calculation Table' as a guideline.

In Japan, child custody after divorce is decided based on the child’s best interests, with courts prioritizing continuity of care, the child’s wishes (if mature enough), and parental cooperation. Joint custody is not legally recognized; only one parent receives sole legal and physical custody.

Temporary protection by a Child Guidance Center in Japan is an emergency measure where the center takes a child into its care for up to 2 months when the child’s welfare is at serious risk and immediate action is needed.

Upon divorce in Japan, a child's surname does not automatically change — it remains the surname registered at birth unless a court approves a change upon petition by a parent.

Visitation may be denied in Japan if it harms the child’s welfare, such as in cases of abuse, neglect, or serious risk to the child’s physical or mental health.

A protection order in Japan is a court order that prohibits a domestic violence (DV) perpetrator from contacting, approaching, or harming the victim, and can also require them to leave the shared residence.

In Japan, doctors, teachers, childcare workers, and other professionals who regularly interact with children are legally required to report suspected child abuse to local child guidance centers.

Violating a domestic violence protection order in Japan is a criminal offense punishable by up to one year imprisonment or a fine of up to ¥1 million.

The DV Counseling and Support Center is a government-established facility in Japan that provides free, confidential consultation, temporary protection, and support services to victims of domestic violence.

Yes, you may claim damages for adultery under Japan’s Civil Code, but you must file within 3 years of discovering the adultery and the spouse’s death or divorce.

In Japan, there is no fixed statutory property division ratio; courts typically aim for an equal (50:50) split of marital assets, but may adjust based on factors like contribution, duration of marriage, and future needs.

Spouses in Japan have a mutual legal duty to share marriage expenses according to their income, assets, and ability to pay, as required by the Civil Code.

Pension splitting upon divorce in Japan is a legal system that allows a spouse to claim up to half of the other spouse’s national pension contributions made during the marriage, under the National Pension Act.

Japan does not recognize common-law marriage; only registered marriages under the Civil Code have legal effect. Unregistered cohabitation confers no spousal rights or protections.

In Japan, legitimacy presumption means a child born to a married woman is legally presumed to be her husband’s child. Paternity can be denied by the husband filing a 'denial of paternity' action within one year of learning of the birth.

In Japan, adoption requires the adoptive parent to be at least 25 years old, the child to be under 18 (or under 20 if a special adoption), and consent from the child (if 15+), birth parents (unless waived), and family court approval.

Under Japanese law, the husband is presumed to be the father of a child born within 300 days after divorce.

Ordinary adoption creates a legal parent-child relationship while preserving the child’s original family ties; special adoption fully severs ties with the birth parents, granting adoptive parents exclusive parental rights and responsibilities.

To use Japan’s adult guardianship system, a family member or interested party must file a petition with the family court requesting the appointment of a guardian for someone who lacks sufficient judgment capacity due to dementia, intellectual disability, or mental illness.