Divorce in Japan | Verybest Law Offices

Methods and types of divorces in Japan

There are three types of divorces in Japan: consensual divorce, mediated divorce and litigated divorce.

Consensual divorce involves divorcing based on discussions between the spouses outside the courtroom. Issues such as property division, child custody, child support, visitation arrangements, compensation and other matters are discussed. If an agreement is reached, the divorce can be proceeded by filing a divorce application. However, if the other party refuses the divorce, or if an agreement cannot be reached on the terms of the divorce, the process moves on to mediated divorce.

Mediated divorce takes place in family court, where a judge and two mediators (one male and one female) facilitate discussions. The aim of mediation is to achieve resolution through dialogue, and if an agreement cannot be reached through mediation, the process moves on to litigated divorce.

Litigated divorce involves a judge making a final decision based on the arguments and evidence presented by both parties.

Child custody

With regard to child custody, a person under the age of 18 is considered a 'minor' in Japan. Parents with custody designate living arrangements of minors, grant permission to work, manage property and conclude contracts on the minor's behalf.

While parents are married, they typically exercise joint custody over their children. However, in the event of divorce, one parent must be designated as the custodian, following a system known as “sole custody.”This approach, termed “sole custody,” differs from the widely recognized joint custody after divorce in many other countries, as Japan does not recognize joint custody.

Where both parents seek custody after divorce, it becomes a significant point of contention in divorce negotiations, mediation or litigation. If no agreement can be reached, the family court decides on custody, considering factors such as the amount of time spent with the child, the environment in which the child was raised and the child's preferences.

The Hague Convention (The Convention on the Civil Aspects of International Child Abduction)

The Hague Convention is an international treaty aimed at protecting children from the various adverse effects of wrongful cross-border abduction. The main objectives of the Convention are as follows:

International cooperation to secure the prompt return to the country of origin of children who have been wrongfully removed to or retained by one parent.
Collaboration to facilitate cross-border access and visitation for parents and children.

As of November 2022, 103 countries worldwide have signed the Hague Convention.
Click here for a list of State that are parties to the Hague Convention (PDF).

Under the Convention, it is possible to file applications with the central authorities of Japan or of the country from which a child has been removed for the following purposes:

assistance for the return of the child
assistance for parental access and visitation.

However, children removed before the entry into force of the Hague Convention are not subject to the return procedures under the Convention. However, if access and visitation between parents and children has not been achieved after the Convention has entered into force, it is possible to seek assistance under the Convention.

Parental access and visitation

In Japan, it is common for children to live with the custodial parent after the divorce, while the other parent lives separately.

However, for the children's emotional and educational well-being, it is desirable for them to interact with both parents. Therefore, visitation arrangements between the non-custodial parent and the child (i.e. visitation arrangements) may be decided upon at the time of the divorce.

These visitation arrangements specify issues such as frequency, timing, methods of transporting the children, overnight stays, handling of gifts to the children, and allowing for regular communication. Reasonable arrangements should be established to avoid conflict between the parents and to ensure that visitation is not a significant burden on the children.

Where the relationship between the parents is strained, disputes often arise over visitation arrangements. In such cases, the parties may try to resolve the issue through negotiations by each party's lawyers or mediation processes.

Property division, child support and compensation

When a couple divorces, it is necessary to determine the following financial conditions:

(Ⅰ) Property division

The couple agrees on how the marital property will be divided. Generally, any property acquired during the marriage, regardless of ownership, is subject to property division. While the default ratio for property division is generally one to one, different ratios may be agreed upon.

(Ⅱ) Child support

This is the financial support that the non-custodial parent provides to the custodial parent for the child's living expenses and education. The appropriate amount of child support depends on the income balance between the parents and the number and age of the children.
Generally, child support is paid monthly, but there may be provisions for special expenses (e.g. school entrance fees, medical expenses) to be claimed separately as extraordinary expenses on a case-by-case basis.

(Ⅲ) Compensation

In case one party is responsible for the cause of the divorce, compensation is agreed upon. Examples of causes include adultery, domestic violence (DV) and moral harassment (psychological abuse).

When a spouse commits adultery

In Japan, having sexual relations with someone other than one's spouse (i.e. adultery) is recognized as a legal ground for divorce. If a spouse's adultery can be proved, divorce can be granted by a court judgement.

Adultery can also give rise to a claim for damages. The amount of damages depends on the specific circumstances relating to the adultery. For example, compensation tends to be higher if the adultery occurs frequently, persists over a long period of time or during a long marriage.

It is worth noting that damages for adultery can be claimed not only against the unfaithful spouse but also against the third party involved. However, it is a requirement that the third party must have known that adultery was being committed or have been in a position where he or she could reasonably have known (there must have been intentional or negligent conduct).

If no agreement can be reached on compensation for adultery, disputes may be resolved through divorce mediation, divorce litigation, or lawsuits for damages.

Visas and Residence status after divorce

A person residing in Japan under the residency category of 'Spouse or Child of Japanese National' who has gone through a divorce is required to report the divorce to the Immigration Service Agency within 14 days.

Additionally, there is a possibility of the cancellation of the 'Spouse or Child of Japanese National' residency status six months after the divorce. If you intend to continue to reside in Japan, a change to your residency status such as to permanent residency or an employment-related visa is required.

Verybest Law Offices can assist not only to handle divorce-related negotiations, mediation and litigation, but also to assist with procedures related to change of residence status. Our experienced lawyers specializing in international divorce will provide you with concrete advice on your life after divorce.

If you are a foreigner considering divorcing your Japanese spouse, please contact Verybest Law Offices.

About Our Legal Fees

Consultation Fee

Initial Consultation Fee	Up to 30 minutes Free
Subsequent Consultation Fee	Starting from 11,000 yen per hour (tax included)

*All fees listed are inclusive of tax.

Retainer Fee

Handling the Procedure (such as filing for foreign divorce)	Starting from 110,000 yen (tax included)
Negotiation	Starting from 220,000 yen (tax included)
Mediation/Adjudication Divorce (Shimpan Rikon)	Starting from 330,000 yen (tax included)
Litigation	Starting from 440,000 yen (tax included)

*All fees listed are tax inclusive.
*Additional daily allowances may apply depending on negotiation hours and number of hearings.
*Additional actual expenses such as stamp fees may be incurred.

Contingent Fee

Base Fee	Staring from 220,000 yen (tax included)
If property division, compensation claims and child support, etc., are granted	Starting from 11% of the economic benefits obtained
If divorce, visitation arrangements, and child handover, etc., are granted	Starting from 330,000 yen each (tax included)