{"id":153498,"date":"2026-10-30T13:14:09","date_gmt":"2026-10-30T13:14:09","guid":{"rendered":"https:\/\/www.legal500.com\/guides\/?post_type=comparative_guide&#038;p=153498"},"modified":"2026-10-30T16:04:50","modified_gmt":"2026-10-30T16:04:50","slug":"japan-family-law","status":"publish","type":"comparative_guide","link":"https:\/\/www.legal500.com\/guides\/chapter\/japan-family-law\/","title":{"rendered":"Japan: Family Law"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-153498","comparative_guide","type-comparative_guide","status-publish","hentry","guides-family-law","jurisdictions-japan"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Nakamoto &#038; Partners<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/www.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2025\/10\/nakamoto-partners-logo.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Nakamoto &#038; Partners<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/www.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2025\/10\/nakamoto-partners-logo.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Family Law laws and regulations applicable in Japan<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the jurisdictional requirements for divorce and property division? How do the concepts of domicile, residence and nationality apply in relation to divorce and financial arrangements?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>1-1. Divorce<\/p>\n<p>In Japan, there are primarily three methods of divorce. Namely: (1) divorce mediation in court, (2) divorce litigation in court, and (3) divorce by mutual agreement, which does not require court involvement.<\/p>\n<p>(1) Jurisdiction for Divorce Mediation:<\/p>\n<p>a) When the respondent&#8217;s registered address or residence is within Japan at the time of filing<\/p>\n<p>b) When the parties have agreed to conduct mediation in a Japanese court<\/p>\n<p>c) When both parties possess Japanese nationality<\/p>\n<p>d) When the petitioner has a residence in Japan, and the parties last shared a residence in Japan<\/p>\n<p>e) When the petitioner has a residence in Japan, and the respondent is missing<\/p>\n<p>f) When the petitioner has a residence in Japan and a final judgment in the respondent&#8217;s country of residence is not effective in Japan<\/p>\n<p>g) When there are other special circumstances where having a Japanese court involve and decide the case would ensure fairness between the parties and guarantee proper and prompt proceedings.<\/p>\n<p>(2) Jurisdiction for Divorce Litigation:<\/p>\n<p>a) When the defendant&#8217;s registered address or residence is in Japan at the time of filing<\/p>\n<p>b) When both parties possess Japanese nationality<\/p>\n<p>c) When the plaintiff has a residence in Japan, and the parties last shared a residence in Japan<\/p>\n<p>d) When the plaintiff has a residence in Japan, and the defendant is missing<\/p>\n<p>e) When the plaintiff has a residence in Japan and a final judgment in the defendant&#8217;s country of residence is not effective in Japan.<\/p>\n<p>f) When there are other special circumstances where having a Japanese court involve and decide the case would ensure fairness between the parties and guarantee proper and prompt proceedings<\/p>\n<p>(3) Divorce by mutual agreement<\/p>\n<p>Please note that while a divorce by mutual agreement without court involvement is valid under Japanese law, it may not be recognized as a valid divorce in some countries or regions.<\/p>\n<p>1-2. Property Division<\/p>\n<p>To claim division of property formed during the marriage, parties may either: (1) make the claim incidental to divorce mediation and\/or divorce litigation, or (2) file for mediation or adjudication of the property division claim within<u> five (5)<\/u><u> years<\/u> after divorce.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What factors do local courts take into account when determining forum\/jurisdiction issues? In what circumstances (if at all) would your jurisdiction stay divorce proceedings in favour of proceedings in another country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>2-1. Personnel Litigation Act<\/p>\n<p>Article 3-2 of the Personnel Litigation Act provides that jurisdiction may be granted to Japanese courts not only in cases of missing, but also \u201cwhere there are special circumstances where having a Japanese court hear and decide the case would ensure fairness between the parties and guarantee proper and prompt proceedings.\u201d<\/p>\n<p>2-2. Case Law<\/p>\n<p>The Supreme Court Decision of June 24, 1996 (Supreme Court Civil Case Collection Vol. 50, No. 7, p. 1451) states:<\/p>\n<p>&#8220;It cannot be denied that even when the defendant has no domicile in Japan, there may be cases where jurisdiction in Japan should be affirmed based on the plaintiff&#8217;s domicile or other factors demonstrating a connection between the divorce claim and Japan. Regarding the circumstances under which jurisdiction in Japan should be affirmed, &#8230; it is appropriate to determine this based on principles of fairness between the parties and the ideals of proper and expeditious adjudication.<\/p>\n<p>In making such a determination, consideration must naturally be given to the disadvantage of the defendant resulting from being compelled to defend the suit. However, it must also be considered whether there are any legal or factual obstacles to the plaintiff filing a divorce suit in the defendant&#8217;s country of domicile, and the extent of such obstacles, ensuring that the protection of the plaintiff&#8217;s right to seek divorce is not compromised.&#8221;<\/p>\n<p>2-3. Consideration<\/p>\n<p>Examples include situations where a Japanese plaintiff, who had been living abroad with a foreign spouse, was compelled to return to Japan to escape violence or abuse from that spouse and subsequently filed for divorce, or where it can be said that the defendant would not face significant difficulties in participating in litigation proceedings in Japan.<\/p>\n<p>2-4. Effect of Foreign Judgments<\/p>\n<p>There is no law requires a Japanese court to suspend divorce proceedings in Japan when divorce proceedings are pending simultaneously in a Japanese court and a court in another country.<\/p>\n<p>The issue here concerns the validity of divorce if a foreign court finalizes a divorce judgment first. If a Japanese court finds that the first divorce is valid in Japan as well, the Japanese divorce proceedings will likely be terminated because the case lacks a legal basis.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is applicable law relevant in your jurisdiction \u2013 when and how would this apply?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>3-1. When the spouses share the same national law, that law applies. If neither national law exists and the spouses share the same habitual residence law, that law applies. If neither of these laws exists, the law of the place with the closest connection to the spouses applies. (General Act on the Application of Laws, Articles 27 and 25)<\/p>\n<p>3-2. Even in cases falling under the above, if one spouse is a Japanese national habitually residing in Japan, divorce shall be governed by Japanese law. (Article 27 of the same Act)<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the grounds for divorce and are they fault-based? What is the broad procedure and timeline for divorce?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>4-1. Statutory Grounds for Divorce and Court Practice<\/p>\n<p>The system fundamentally adopts fault-based divorce (see Civil Code Article 770 et seq.). However, in actual court practice, divorce is generally granted when both spouses do not dispute the divorce or when the period of separation is significantly long compared to the duration of the marriage, by applying the (4).<\/p>\n<p style=\"padding-left: 40px\">(1) When the spouse has committed adultery<\/p>\n<p style=\"padding-left: 40px\">(2) When the spouse has been maliciously abandoned<\/p>\n<p style=\"padding-left: 40px\">(3) When the spouse&#8217;s whereabouts have been unknown for three years or more<\/p>\n<p style=\"padding-left: 40px\">(4) When there are other serious reasons making it impossible to continue the marriage<\/p>\n<p>4-2. General Procedures and Timeframes<\/p>\n<p>In Japan, there are primarily three methods of divorce: (1) Divorce mediation in court, (2) Divorce litigation in court, and (3) Divorce by mutual consent, which does not require court involvement.<\/p>\n<p style=\"padding-left: 40px\">\u2474 Average duration for court-mediated divorce: Approximately 10 months<\/p>\n<p style=\"padding-left: 40px\">\u2475 Average duration for court-litigated divorce: Approximately 1 to 2 years or more (Cases often involve high conflict, as litigation follows when the mediation fails)<\/p>\n<p style=\"padding-left: 40px\">\u2476 Mutual-Agreement divorce requires only the spouses and two witnesses to complete and sign the \u201cDivorce Notification\u201d form and submit it to the city office, making the shortest possible duration just one day.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the requirements for service of divorce proceedings in your jurisdiction? Can you make a joint application for a divorce in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>5-1. Service Requirements<\/p>\n<p style=\"padding-left: 40px\">(1) Divorce Mediation: As a general rule, a party seeking divorce must file the petition for divorce mediation before initiating divorce litigation (Article 257 of the Family Court Act; mediation-first principle). However, an exception applies if the court determines that mediation is not appropriate.<\/p>\n<p style=\"padding-left: 40px\">The petition for divorce mediation is filed with the court having jurisdiction over the respondent&#8217;s residence. The court then serves the respondent with the complete set of documents, including the petition.<\/p>\n<p style=\"padding-left: 40px\">\u2475 Divorce Litigation: Divorce litigation may be filed with the court having jurisdiction over the residence of either the plaintiff or the defendant. The court must then serve the defendant with the complete set of pleadings. To serve pleadings on a defendant residing abroad, consular service or service through the Central Authority is possible if the defendant resides in a country that is a signatory to the Hague Service Convention or other treaties. Additionally, a translated version of the documents is generally required.<\/p>\n<p style=\"padding-left: 40px\">(3) At this time, service by email is not permitted.<\/p>\n<p>5-2. Divorce by mutual application is possible. Refer to section 4-2(3) above regarding divorce by mutual agreement. In this case, both spouses must sign the divorce application form by hand, but only one party may submit it to the municipal office.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are the following recognised in your jurisdiction? a. Foreign marriages; b. Foreign civil partnerships \/ civil unions; c. Customary marriages, or d. Religious marriages.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>a. Foreign marriage: recognized<\/p>\n<p>b. Foreign civil partnerships\/civil unions: not recognized<\/p>\n<p>c. Customary marriage: customary marriage is recognized, but customary partners have no statutory inheritance rights<\/p>\n<p>d. Religious marriage: a religious ceremony alone does not constitute a recognized marriage; submitting a \u201cMarriage Notification\u201d to the municipal office is required<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are same sex marriages \/ unions recognised in your jurisdiction and if so, how?  Does your jurisdiction recognise same sex marriages \/ unions that have taken place in another jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under the Civil Code and the Family Register Act, same-sex couples are not recognized as legally married spouses. Couples married in same-sex marriages recognized abroad are not recognized as legally married spouses in Japan. For example, same-sex partners cannot apply for a \u201cspouse visa\u201d and cannot receive national tax premiums as spouses (though they may be eligible for other visa applications).<\/p>\n<p>*While the Supreme Court has not yet ruled on this matter, multiple district courts and high courts have determined that the Civil Code and Family Register Act, which do not recognize same-sex marriage, violate the Constitution. Depending on future Supreme Court rulings, the legal consequences could change.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the substantive financial orders (e.g. capital, property, pensions and maintenance \/ alimony) the court can make?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Marital support (also known as spousal support; payable only during the marriage), child support, property division upon divorce, pension division, and compensation for emotional distress or for adultery are all included.<\/p>\n<p>In Japan, there is no alimony system that requires a person to pay living expenses to a former spouse after a divorce.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the guiding principles adopted in your jurisdiction in relation to the division of assets?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A system allowing a request for the distribution of positive assets formed through the cooperation of the spouses during the period from marriage to<u>\u00a0separation<\/u>\u00a0(referred to as \u201cduring the marriage\u201d; this does not necessarily mean up to the time of divorce) to the other party at the time of divorce or after divorce (Civil Code Article 768).<\/p>\n<p>The distribution ratio is, in principle, one-half each. Furthermore, \u201cseparate property,\u201d acquired through gifts from relatives or inheritance is not included in the distribution.<\/p>\n<p>While judges have discretion in determining the specific method of distribution, the following factors are considered:<\/p>\n<p>(1) The amount of property acquired and maintained during the marriage<\/p>\n<p>(2) The degree of each party&#8217;s contribution to acquiring and maintaining the property<\/p>\n<p>(3) The duration of the marriage<\/p>\n<p>(4) The standard of living during the marriage<\/p>\n<p>(5) The state of cooperation and support during the marriage<\/p>\n<p>(6) Each party&#8217;s age, physical and mental condition, occupation, and income, etc.<\/p>\n<p>(7) Each party\u2019s contribution to the acquisition of property during the marriage shall be deemed equal unless it is clear that the contributions differ.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the court make interim financial provision during proceedings? (including for legal and interim maintenance \/ alimony costs) during the proceedings, and what factors are taken into account?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The court may order provisional monetary measures (provisional disposition or provisional seizure) against one party regarding: (1) spousal support, (2) child support, (3) property division, and (4) compensation for mental distress, provided certain requirements are met.<\/p>\n<p>For (1) and (2),<\/p>\n<p>The petitioner must argue and prove that: \u2460 it is highly probable that the court will recognize a payment obligation for spousal support or child support upon adjudication (probability of favorable outcome in the main case), and \u2461 the petitioner&#8217;s living conditions are so dire that they cannot wait for a formal court decision.<\/p>\n<p>For (3) and (4),<\/p>\n<p>The petitioner\/plaintiff must explain: \u2460 the likelihood of the main claim being granted, and \u2461 the possibility that waiting for a formal decision\/judgment would make it difficult to realize the right (e.g., due to concealment or waste of the opposing party\/defendant&#8217;s assets).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is ongoing spousal maintenance \/ alimony dealt with \u2013 is it typically awarded for a fixed term or on an ongoing basis? Is there a standard formula for calculating the amount and duration, or do judges retain discretion?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>11-1. Marital Support (Combined Spousal Support and Child Support)<\/p>\n<p>(1) Period during which spousal support may be claimed: Continuous payment is only recognized while the parties are in a legal marriage (or customary marriage). Spousal support cannot be claimed after divorce is finalized (unless agreed upon by the parties). Furthermore, the legal right to claim marital support arises from the month the claim is filed with the court, and it is rare for payment to be recognized retroactively for the period before the filing.<\/p>\n<p>(2) The court uses a prescribed calculation formula (determined by both parties&#8217; income) to calculate the amount, which is published on the court&#8217;s website. The judge may increase or decrease the amount at their discretion if special circumstances exist.<\/p>\n<p>11-2. Child Support<\/p>\n<p>(1) Period during which child support can be claimed: Continuous payment can be claimed from parents with a legal parent-child relationship until the child reaches adulthood (18 years old under the Civil Code). However, even after reaching adulthood, if the child is not engaged in gainful employment and is deemed immature (often until age 20 or 22, typically upon completion of higher education such as university), continued payments are frequently permitted. If the child advances to graduate school or a six-year university, the judge will decide whether the child support should be paid based on individual circumstances.<\/p>\n<p>\u2475 A court-prescribed calculation formula (determined based on the income of both parties) is used to calculate the amount and is published on the court&#8217;s website. Children are recognized as having the right to maintain a standard of living comparable to that of their parents. In special circumstances, the amount may be increased or decreased at the judge&#8217;s discretion.<\/p>\n<p>Furthermore, if there is a significant change in the parties&#8217; financial situation (income\/expenses) or an increase in the number of dependents, it is possible to request an increase or decrease in child support to the family court.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the process for recognising and enforcing foreign financial orders?  How is enforcement dealt with to ensure compliance with financial orders following divorce in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>12-1. To enforce a foreign payment order, the conditions stipulated in Article 118 of the Civil Procedure Act must generally be satisfied.<\/p>\n<p>(1) It must be a final judgment.<\/p>\n<p>(2) It must be a judgment rendered by a court with jurisdiction.<\/p>\n<p>(3) The losing defendant must have received proper service of the summons or must have appeared in court.<\/p>\n<p>(4) The content of the judgment must not violate Japanese public policy.<\/p>\n<p>(5) There must be mutual recognition between the countries or regions.<\/p>\n<p>12-2. Domestic Enforcement Procedures<\/p>\n<p>To enforce a monetary order issued by a court (such as a judgment, mediation record, or adjudication decision), a separate application for compulsory execution must be filed with the district court having jurisdiction over the debtor&#8217;s residence. This allows for the seizure of the debtor&#8217;s assets (real property, deposits) or claims (right to wages, right to remuneration). The creditor must identify the debtor&#8217;s assets (public institutions will not disclose the debtor&#8217;s employer or banks holding deposit claims).<\/p>\n<p>Regarding child support, the operational procedures have changed. For child support arising on or after April 1, 2026, up to 80,000 JPY per child per month, it is now possible to file a petition to seize wages or bank deposits, even without a court order or similar document, if there is a document proving the child support agreement, such as a private divorce settlement agreement drawn up solely by the parties.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can financial claims be made in your jurisdiction after an overseas divorce?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Following divorce abroad, a creditor must file a lawsuit seeking an enforcement judgment (Article 24 of the Civil Execution Act) with a Japanese court, and if the requirements for recognizing the validity of a foreign judgment (described in Q 12-1 above) are met, the judgment against the debtor\u2019s assets located in Japan will be enforceable.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your jurisdiction operate a marital property regime and if so, which?  Is there a default matrimonial property regime? Are foreign property regimes recognised and if not, in what circumstances?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>14-1. The statutory property system is adopted (Civil Code Articles 760 et seq.). Property owned by either spouse prior to marriage, as well as property acquired during the marriage without the cooperation of the other spouse (such as through gifts or inheritance), is deemed to be the separate property of that spouse (i.e., property owned solely by one spouse).<\/p>\n<p>14-2. Property whose ownership by either spouse is unclear shall be presumed to be jointly owned. The burden of proof lies with the party claiming that the property is separate property.<\/p>\n<p>14-3. Where Japanese law is the governing law, foreign property division systems shall not apply.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent are pre-nuptial and post-nuptial agreements binding? Is it different if the prenuptial or post nuptial agreement was concluded in your jurisdiction (as opposed to another jurisdiction)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>15-1. A \u201cmarital property agreement\u201d may only be entered into before filing the marriage registration (before the marriage is established) (Civil Code Article 755). To assert the validity of an agreement differing from the statutory property regime against the spouses&#8217; successors and third parties, the agreement must be registered. Furthermore, the terms of a marital property agreement cannot be altered after marriage.<\/p>\n<p>15-2. A \u201cmarital property agreement\u201d differing from the statutory property regime must be concluded before marriage. Other agreements between spouses are, in principle, valid even if entered into after marriage and cannot be unilaterally rescinded.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is maintenance for a child dealt with in your jurisdiction? What is the duration of a child maintenance order?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p><span lang=\"EN-US\" style=\"font-size: 11.0pt;color: black\">See the answer to Q11.<\/span><\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">With the exception of child maintenance, does the court have power to make any orders for financial provision for a child, e.g. housing and\/or capital sums?  If so, in what circumstances?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Courts rarely order financial support other than child support. During mediation\/litigation, it is possible if both parties agree to provide financial support (such as housing).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is cohabitation recognised and if so, how?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Basically, cohabitation is recognized in Japan. However, for cohabitation to receive legal protection, it must go beyond a simple relationship of residing together. It must constitute a customary marriage\u2014meaning both parties must have the intention to live as husband and wife, share a household, and maintain a continuous, shared life together.<\/p>\n<p>Differences from legal marriage include: (1) no inheritance rights, (2) a child born to the mother does not establish a legal parent-child relationship with the father unless he formally acknowledges the child, and (3) no tax benefits.<\/p>\n<p>Similarities to legal marriage include obligations to cohabit, maintain fidelity, and share marital support, as well as the right to request property division upon dissolution of the relationship (separation).<\/p>\n<p>When the couple stops living together, their customary marriage is considered to have ended.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What financial claims, if any, do cohabitees have when they separate and how are such claims determined i.e. what are the guiding principles?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Where a customary marriage is recognized, one may seek marital support and request the division of property upon dissolution of the relationship (separation). This requires that both parties intended to live as husband and wife, shared a common household, and maintained continuous cohabitation.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the legal status of separated parents in relation to their children? Does it make a difference if the parents were never married?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>During separation (prior to divorce), the separated parent may exercise legal parental authority regarding the child (such as consent for medical treatment, management of assets, and consent for engagement or marriage). For fathers, this applies only to those who are legally married to the mother or who have acknowledged paternity and been granted joint custody.<\/p>\n<p>They may also request the custodial parent to implement visitation arrangements. Conversely, the separated parent bears the obligation to provide child support to ensure the child can maintain a standard of living equivalent to that provided by the separated parent.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the jurisdictional requirements for child arrangements\/child custody proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Jurisdiction over dispositions concerning parental rights and custody of a child lies with Japanese courts when the child&#8217;s residence (or habitual residence) is within Japan (Article 3-8 of the Family Court Procedure Act).<\/p>\n<p>In addition, if a petition for the designation of parental rights and custody of a child is filed with a divorce litigation, Japanese courts have jurisdiction even if the child does not reside in Japan (Article 3-4 of the Personnel Litigation Act).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the legal position in relation to contact following the breakdown of a relationship? What types of orders can the court make in relation to child custody\/a child\u2019s living arrangements and what are the guiding principles?  What steps are followed to hear the voice of the child?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>22-1. Japanese family courts take the position that visitation between a separated parent (or non-custodial parent) and the child should generally be implemented unless it is contrary to the child&#8217;s welfare (unless there are prohibitive reasons such as abuse). However, when highly conflicted parents cannot agree on visitation arrangements, the court typically orders visitation approximately once or twice a month, often without overnight stays.<\/p>\n<p>22-2. The court comprehensively considers the child&#8217;s welfare and, in proceedings to designate the custodial parent, determines which parent will live with and care for the child. In divorce proceedings, a judge designates one parent as the sole custodian or both parents as the joint custodians. After the April 2026 modification, parents and judges can choose joint custody alongside sole custody. However, it is anticipated that joint custody is unlikely to be granted between highly conflicted parents who cannot cooperate, considering the child\u2019s best interest.<\/p>\n<p>Guidelines for determining custodians or guardians are established by comprehensively considering the following circumstances from the perspective of the child&#8217;s welfare:<\/p>\n<p>(1) Continuity of care (principle of respecting the current situation\/status quo)<\/p>\n<p>(2) Respect for the child&#8217;s wishes (the court must hear statements from a child aged 15 or older)<\/p>\n<p>(3) Sibling relationships (principle of sibling separation avoidance)<\/p>\n<p>(4) The circumstances of each parent (motivation and ability for custody, physical and mental health, financial situation, housing and educational environment, degree of attachment to the child, potential support from relatives\/friends, willingness to allow visitation) etc.<\/p>\n<p>In investigating the above matters, in addition to the arguments and evidence submitted by the parties, the judge orders the Family Court Investigator to conduct an investigation. The investigator interviews the parties, the child, and other relevant persons to ascertain the facts, then reports to the judge. The investigator\u2019s report will likely be taken seriously by the judge.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the rules relating to the relocation of a child within and outside your jurisdiction and what are the guiding principles?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no legal restrictions or limitations on a child&#8217;s relocation. It is possible for the parties to agree, based on reasonable grounds, to restrict the child&#8217;s area of residence or to restrict relocation to another prefecture or another country.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the process for recognising and enforcing foreign orders for contact\/custody of children?  Does your court operate a system of mirror orders?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>24-1. To enforce visitation rights, it is necessary to specify the date, time, frequency, duration (length of time), and method of child handover in the judgment or agreement. Furthermore, indirect coercion (ordering the obligated party to fulfill obligations stipulated in mediation terms, etc., by a certain date, and ordering monetary payment if the order is not followed) is employed as an enforcement method.<\/p>\n<p>24-2. Since Japan has historically adopted only sole custody, mirror orders have not been widely used in ordinary proceedings; however, in cases where joint custody was established by a foreign court judgment, joint custody has been adopted in Japan on a limited basis. Going forward, since joint custody is now an option, mirror orders may be utilized more frequently than in the past.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the legal position on international abduction? Is your jurisdiction a signatory of The Hague Convention on the Civil Aspects of International Child Abduction 1980?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Japan has been a signatory (ratifying country) to the Hague Convention since 2014.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the status of surrogacy arrangements and are surrogates permitted to be paid? Is surrogacy available to individuals and cohabiting couples (both heterosexual and same-sex)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Surrogacy is not permitted. The Civil Code stipulates that the legal mother-child relationship arises when the mother gives birth to the child. In Japan, this means the surrogate mother who gave birth becomes the legal mother, so surrogacy is rarely used. Regarding whether paid surrogacy contracts are permissible, the debate is ongoing, and they are not explicitly prohibited at present, although it is considered controversial.<\/p>\n<p>Cohabiting couples rarely use surrogacy to establish a legal parent-child relationship with a child who is not biologically theirs; adoption is the most commonly chosen method.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the legal position in relation to adoption? Is adoption available to individuals and cohabiting couples (both heterosexual and same-sex)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are two types of adoption: (1) ordinary adoption and (2) special adoption.<\/p>\n<p>(1) In ordinary adoption, the biological parent-child relationship continues, and the adoptee inherits the biological parents&#8217; estate. A condition is that the adoptee must be younger than the adoptive parents. If the adoptee is a minor, permission from the family court is required.<\/p>\n<p>(2) Special adoption requires Family Court approval. The biological parent-child relationship is dissolved, and the adoptee does not inherit from the biological parents. The adoptee must generally be under 15 years old. The adoptive parents must be legally married (generally a heterosexual couple).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What forms of non-court dispute resolution (including mediation) are available in your jurisdiction? Is non-court dispute resolution mandatory? What is the status of agreements reached via NCDR?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Family Affairs Procedure Act requires mediation. As a general rule (with exceptions), a petition for mediation must be filed with the family court before initiating divorce litigation. If parties reach an agreement through mediation at the court, the court prepares a mediation record as an official court document with the same legal effect as a final judgment.<\/p>\n<p>In addition, private entities provide mediation systems; however, these do not confer enforceability through mediation alone.<\/p>\n<p>Furthermore, when the parties reach an agreement, it is also common for a notary public to draft a divorce settlement agreement without going through the courts. If the agreement includes a clause acknowledging its enforceability, it is legally enforceable.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Which areas of family law are likely to see reform in the near future?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Since the amended Civil Code took effect in April 2026, no amendments are scheduled in the near future. The Supreme Court may issue a ruling within a few years on the constitutionality of the current Civil Code\u2019s ban on same-sex marriage.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are family proceedings conducted in private? Is the press allowed to attend hearings? Are judgments made public?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Mediation and adjudication proceedings among family members and relatives are conducted privately, not in court.<\/p>\n<p>Litigation (includes divorce litigation) is generally conducted publicly. During the hearing of litigation proceedings, members of the press may also observe. Judgments in litigation proceedings are pronounced in open court.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does relationship breakdown impact death and estate planning?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>If the parties are not legally married, the former spouse cannot become a statutory heir. They have no right of inheritance.<\/p>\n<p>However, under Japanese law, if the will provides a bequest to the former spouse, that bequest remains valid after divorce, and the former spouse may receive it. To prevent this situation, it is necessary to rewrite the will.<\/p>\n<p>It is important to note that in Japanese courts, inheritance is governed by the national law of the decedent (Article 36 of the General Rules on the Application of Laws).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">4879<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/www.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/153498","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/www.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/www.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=153498"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}