Misconceptions about International Divorce in Japan


2022/03/29 BLOGAttorney Hirotoshi Nohara

Our law office receives many international divorce cases in which either party or both parties are foreign nationals. There are many misunderstandings regarding international divorce in Japan.
 
1. It Is Important to Know the Which Country’s Divorce Rule to Apply
 
Firstly, some people might think that while living in Japan, if they submit the divorce application, it should be sufficient. However, it is necessary to determine the applicable divorce law to apply for the divorce of foreigners in Japan. At least, if both parties have the same foreign nationality, the divorce law of that foreign country shall apply. If the foreign country does not allow agreement divorce, even if Japan allows divorce by agreement, a divorce trial might be necessary.
 
Moreover, one should pay attention when they divorced in Japan but they have filed a marriage application at their foreign country. If they divorce through a way not legally recognized by their foreign country, their divorce in Japan might not be recognized in. (if that is the case, remarriage will become extremely difficult).
 
2. Foreigners Who Divorce with Japanese Can Still Have Valid Residence Status
Further, it is often heard that foreigners who married with persons with Japanese nationalities worry that they will lose their residence status when they divorce.
 
However, even if divorce, the foreigners do not necessarily lose their residence status. It is not rare that the foreigners can continue to hold valid residence status after divorce after considering their period of marriage, guardianship, employment, and others.
 
All these misunderstandings can be resolved simply with a legal consultation.
Please feel free to talk with us, if you have any issues or troubles.
 
For inquiries and consultation appointments, please contact us.
 
弁護士 野原郭利
Hirotoshi Nohara, Attorney at Law