Divorce in Japan

SONY DSCInformation about divorce procedure in Japan

If you are a foreigner married in Japan and consider about divorce in Japan, the main matters will be (1) Child Custody, (2) Assets and (3) Visa.

1, When you have a child /children

(1) Parental authority (Child Custody)

Either of the parents will obtain parental authority.
Joint custody is not available in Japan, so you will have to choose which of the parents will hold custody.

(2) Visitation

The parent without custody may meet the child/children after divorce. The frequency and place of visitation and other details should be specifically agreed. If you cannot reach agreement, legal procedure (family conciliation) will be required.

(3) Child Support

The parent without parental custody may be required to pay child support. There are certain standards for the amount of child support. See the page about child support.

2, Properties matters in divorce procedure

(1) Damages

When a couple ends up with divorce led by problems such as act of cheating or domestic violence, the one who caused the problem will have to pay the adequate amount as the damage.

(2) Property division

Generally, all of the properties accumulated during the marriage will be subject to the property division. Marital properties will be generally divided in half between the couple.
The claim for property division needs to be filed WITHIN 2 YEARS after the divorce.

(3) Pension division

Pension division will be made based on pension benefits division information provided by Japan Pension Service.

3, Visa matters after the divorce

When you have a spouse visa, your visa can’t be renewed after divorce. You are required to change your visa status if you plan to stay in Japan.

About the actual procedure for divorce in Japan, see this page for information.

Divorce procedure in Japan (Rikon)

If you need legal help about divorce, see an attorney (Bengoshi lawyer) for consultation. Attorney (Bengoshi) is the only license which can support the legal procedure about divorce in Japan.

Contact the Attorney (Bengoshi)