International divorce - which country's law applies?

What the Law Says

Japan’s Private International Law Act (PIL Act) determines which country’s divorce law applies in cross-border cases. The key provisions focus on domicile, habitual residence, and party autonomy.

Under Article 26 of the Private International Law Act, the law applicable to divorce is generally the national law of both spouses at the time the divorce action is filed. However, if the spouses have different nationalities, the law of the country where they share a common habitual residence applies — or, if none, the law of the country where they last resided together.

Article 27 provides an exception: if at least one spouse is domiciled or habitually resident in Japan, Japanese courts may apply Japanese law — and will do so unless both spouses expressly agree in writing to apply the law of another country.

Domicile in Japan is established by registration in the koseki (family register) or jūminhyō (residence registry), and habitual residence requires continuous physical presence for at least one year before filing.

Statutory Text

The law applicable to divorce shall be the national law of both spouses at the time when the action is brought.

— Private International Law Act, Art. 26 — Divorce

Statutory Text

Where one of the spouses is domiciled or habitually resident in Japan, the law of Japan shall apply to divorce, unless both spouses have agreed in writing to apply the law of another country.

— Private International Law Act, Art. 27 — Exception to Article 26

What to Do

Sources