United States Consulate General
Naha, Okinawa, Japan

FAQ CONCERNING DIVORCE AND THE FAMILY COURT SYSTEM IN JAPAN

This information has been prepared to assist American citizens who are considering divorce in Japan. This guidance is based upon an informal review of Japanese law and procedure. Those seriously considering divorce should consult an attorney or the nearest Family Court.

Q: Can foreign citizens be divorced in Japan?

A: Yes. However, foreign citizens must show evidence that they are able to be divorced in their country of nationality and that the procedures used in Japan are compatible with those of their home country.

Q: What is a "Ward Office" divorce?

A: Japanese law allows for divorce either through the family court system or through a simple registration procedure at the ward office. Known in Japanese as "mutual consent divorce" (kyogi rikon), this ward office procedure can be faster and less expensive than going through the Family Court.

Q: Can Americans get a "Ward Office" divorce?

A: Since January 1, 1990 Japanese law has allowed "mutual consent divorce" in cases where at least one spouse is a Japanese national. Thus, "mutual consent divorces" between American citizens and their Japanese citizen spouses are now legal in Japan. As with marriage registration, the American spouse need not be physically present at the ward office to register the divorce providing that the registration documents have been properly signed and sealed beforehand by both parties. Be warned, however, that the United States has no procedure for extra-judicial divorce and the legality of this procedure in various states in the U.S. is uncertain.

Q: What is the main function of the Family Court?

A: To protect the welfare of minors, conciliate in marital difficulties, approve the dissolution of marriages and handle estates and inheritance.

Q: How do Americans file for divorce in Family Court?

A: The couple goes to the Family Court to register. Following this, one or more conciliation meetings will be held before a mediator and a judge. The aim of these consultations is to effect reconciliation or, failing that, to arrange mutually agreeable terms for the dissolution of the marriage.

Q: What are the residency requirements for filing?

A: At least one of the parties must be a legal resident of Japan. The court will not accept cases from couples that have traveled to Japan for the sole purpose of obtaining a divorce.

Q: Can a divorce be granted in absentia?

A: While both parties do not need to be present to file and begin the procedures leading to a divorce, because of the nature of the conciliation process, the court will require the appearance by both parties for at least one joint hearing.

Q: Do the personnel of the Family Court speak English?

A: Many of the mediators and judges have English language ability. However, the court advises non-Japanese speakers to bring with them a person who can read and write Japanese to assist them in completing the registration forms. Parties may wish to bring their own translator to the hearings.

Q: Is a divorce granted by the Family Court valid in the U.S.?

A: A divorce legally granted in one country is generally recognized in the United States as long as the parties were present for the proceeding, at least one party was resident in the country of forum, and recognizing the divorce will not violate a strong public policy of the United States.

Q: How is the custody of children determined?

A: The general practice is to award custody to the mother unless there is an overriding reason to award custody to the father. Nationality of the child is not considered crucial in the determination of which parent will assume custody.

Q: What about enforcing child custody agreements?

A: A foreign child custody agreement cannot be automatically enforced in Japan, although the court can order enforcement. In the case of parental kidnapping from the U.S. to Japan, the custodial parent can apply through the court in Japan to require the return of the child to the United States.

Q: What documents are required to make an application for divorce?

A: The application form (available free of charge from the Family Court) and the following supplementary documents. (All English language documents must be translated into Japanese.)

• Copy of marriage certificate.
• Abstract of United States state law pertaining to divorce. (The Martindale-Hubble Law Digest, available at the Tokyo American Center Library, provides an abstract of each United States state divorce law. A copy of the page of that volume pertaining to the U.S. citizen's particular state, with a translation, meets this requirement.)
• A copy of certificate of alien registration for non-Japanese parties.
• Revenue stamps: -900
• Postage stamps: -80 x 10

If the couple has a minor child, the birth certificate of the child must be presented. The court may also request copies of the birth certificates or passports of the parties to the divorce. Japanese citizens must normally present a copy of their family register and certificate of residence (juminhyo).

Q: Where can I obtain further information?

A: Any branch of the Family Court can provide additional information in Japanese. Further information can also be obtained from Japanese attorneys.