Alesia International Law Office
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Parental Authority under Japanese law When you have a child or children under age with your divorcing spouse, you must determine which parent will have parental rights over the children, even if you get divorced by agreement by submitting a form with a local municipal office. (About divorce by agreement, see this article.) This is…
Contents Governing LawUnder Japanese LawCompensation Claim against Adulterous PartnerGoverning Law Whether you can claim compensation for your emotional distress related to divorce depends on whether the governing law allows it. The governing law would be as follows (Act on General Rules for Application of Laws, Articles 27, 25): in a case where both spouses have…
Principles on how to divide Principles adopted by courts upon dividing divorcing couple’s property (and debts) are as follows: Divide “community property” equally between the spouses. (with some exceptions) Each spouse will keep his or her own “separate property”. “Community property” is property or assets created and accumulated during a couple’s married years (to be…
You cannot directly file a lawsuit for divorce. The law provides that you must file a mediation proceeding before filing a lawsuit. If the mediation fails, then you can file a lawsuit. Usually, if you come all the way to filing a lawsuit, you or your spouse must be disagreeing with the divorce. Then, you…
There are 3 types of divorce in Japan. Divorce by agreement Divorce by mediation Divorce by lawsuit We also have “divorce by adjudication” but this is very rare. Divorce by agreement Among them, divorce by agreement does not involve a court. You just fill out the necessary information (like your name and address) in the…