Divorce Procedures in Japan
First, research divorce law in your home countries.
It is vital to first look up divorce law in the countries of both spouses to know which country’s laws apply to your divorce.
Which country’s laws apply when getting a divorce in Japan?
- If both spouses are foreign nationals (from the same country)
→ Follow the law of your home country
*If your home country does not recognize divorce by mutual consent, you will be unable to divorce even though this is permitted by Japanese law and will have to divorce through a Japanese court. - If spouses have different nationalities and have lived in Japan for a long time
→ Follow Japanese law - If one spouse is Japanese and has lived in Japan for a long time
→ Follow Japanese law
Nationality: The country a person belongs to
Home country law: The law of the country where the person holds nationality
Divorce by mutual consent: Divorce decided through discussion between spouses.
Mediation: A procedure to end a dispute through discussion.
Things to be aware of when getting an international divorce
- Divorce procedures are required in each country
Couples in international marriages have presumably completed marriage procedures in their respective countries of citizenship. That is why, when getting an international divorce, you must undergo divorce procedures in each spouse’s country. - Compensation and division of property
If Japanese law applies, you can claim compensation and division of property, just like Japanese couples. - Status of residence
Those residing in Japan with “Spouse or Child of Japanese National”, “Spouse or Child of Permanent Resident”, or “Dependent” as their status of residence who divorce a Japanese spouse cannot renew their status of residence without changing it. You must submit a “Notification of Relationship With Spouse” to immigration within 14 days of the divorce.
Compensation: Money received by a person who has suffered emotional distress from the person who caused it.
Division of property: The division of property accumulated through marital partnership during a divorce.
Immigration: The office that screens the entry and exit of Japanese and foreign nationals to and from Japan
Living in Japan during and after a divorce
You may be able to stay in Japan in the following cases (*):
- When raising a biological child who is Japanese
- When you are deemed to have been legally married for a certain number of years and are able to maintain a stable livelihood after the divorce
- When living separately from a spouse and planning to get a divorce
- For divorce mediation or ongoing litigation
- For victims of domestic violence
- When getting a divorce due to infidelity or violence by a spouse
- When you qualify for another work-related status of residence
*While renewing or changing your status of residence is generally permitted in these cases,
you may be asked to temporarily change your status to “Designated Activities” for departure purposes or, in the worst case scenario, be asked to return to your home country, meaning divorce requires careful consideration.
Required documents vary by status of residence; consult a lawyer to avoid problems.
Glossary
Litigation: Filing a lawsuit
Ongoing litigation: When a lawsuit is in progress
Domestic violence: Violence or harassment of a spouse or partner.
Work-related status of residence: Qualifications regarding whether you can work in Japan
Problem #2: My Japanese Husband Left Me Before the Birth of My Child
A foreign woman was married to a Japanese national, living under the status of Spouse or Child of a Japanese national and was expecting a baby. However, one day, her husband left her and she lost contact with him. What will happen to the status of residence of the woman and her child?
Consultation Services for Foreign Nationals
Who should you consult with if you have a problem with your job, school, everyday life, status of residence, etc., and you cannot solve it even after talking to someone close to you? We will introduce various consultation services. Even if you cannot solve the problem after one consultation, do not give up or run away, and consult with several consultation desks.
