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Prenuptial Agreements

Just some notes for now.  I hope to someday have a sample agreement you can start with, although you will always want to finalize it with a lawyer from Japan and your home country, the country of your spouse, and any other country you expect that you might live in.


Source: http://www.international-divorce.com/prenups_around_the_world.htm

In Japan, the Horei Law authorizes spouses who marry in Japan to choose which matrimonial law regime will govern their marriage, provided it is either the law of the country of either spouses nationality or habitual residence or, regarding immovables, the law of the location of the immovables. The Horei Law also specifies that prenuptial agreements are valid when made under the provisions of a foreign law, and sets forth a provision for registration of foreign prenuptial agreements in Japan.

Forum selection clauses are widely upheld by Japanese courts. Their validity in prenuptial agreements that preclude the jurisdiction of Japanese courts will likely be upheld if (a) the matter in question is not within the exclusive jurisdiction of the Japanese courts and (b) the court designated by the agreement would have jurisdiction over the matter in question, independently, under the law applicable in that forum.


Possible things to include:

Child visitation rights: not specific to either husband or wife, just in general.

Court of jurisdiction for child custody and visitation.


 


The information on this website concerns a matter of public interest, and is provided for educational and informational purposes only in order to raise public awareness of issues concerning left-behind parents. Unless otherwise indicated, the writers and translators of this website are not lawyers nor professional translators, so be sure to confirm anything important with your own lawyer.
 Last modified: March 19, 2007 Copyright © 2003-2006 Contact us 
 URL of this page is http://www.crnjapan.com//japan_law/en/prenuptial_agreements.html