JAPAN Law and Practice Contributed by: Kenji Yano, Tokyo Kokusai Partners Law Office
Mediation (Family Court) In mediation proceedings, a copy of the petition is served on the respondent by the Family Court (Domestic Relations Case Procedure Act, Article 256). Divorce litigation In divorce litigation, formal service of the complaint is required (Code of Civil Procedure, Article 138). Where the respondent’s whereabouts are unknown, service by publication may be permitted. Service on a party residing abroad is effected in accordance with international judicial assistance mechanisms, including the Hague Service Conven ‑ tion. In practice, international service may take several months and, in some cases, more than one year. Religious Marriages and Divorces Japanese law recognises only civil marriage and divorce, pursuant to the Civil Code and related stat ‑ utes. Religious marriage or divorce, in and of itself, has no legal effect under Japanese law. However, where foreign law is applicable as the gov ‑ erning law of divorce, and that foreign law recognises divorce effected through religious procedures, Japa ‑ nese courts will determine the validity of the divorce in accordance with that foreign law (Act on General Rules for Application of Laws, Article 27). Such foreign law will not be applied where its appli ‑ cation would be contrary to Japanese public policy. Other Procedures for the Termination of Marriage In addition to divorce, Japanese law provides for nul ‑ lity and rescission of marriage. Nullity of marriage (Civil Code, Article 742) A marriage is void where there was no genuine inten ‑ tion to marry. “Intention to marry” refers to the inten ‑ tion, as understood in social terms, to establish a marital cohabitation. Confirmation of nullity is sought through mediation or litigation before the Family Court.
cult” is established, the court may dismiss the divorce claim after considering all circumstances. Same-sex partners Japanese law does not recognise same-sex marriage or civil partnerships. Accordingly, the divorce provi ‑ sions of the Civil Code do not apply to same-sex cou ‑ ples. Procedure and Duration of Divorce Procedure Divorce in Japan does not necessarily require judicial proceedings. A divorce by agreement is effected by filing a divorce notification with the relevant municipal authority. Where the parties are unable to reach agreement, an application for divorce mediation needs to be filed with the Family Court (mandatory mediation require ‑ ment under the Domestic Relations Case Procedure Act, Article 257). If mediation fails, divorce litigation may be commenced. Duration The duration of proceedings varies significantly depending on the issues in dispute (such as paren ‑ tal authority, property division, or damages) and the degree of conflict between the parties. As a general indication: • mediation takes approximately six to eight months; and • divorce litigation takes approximately one to two years. Requirement of separation There is no formal statutory minimum period of sepa ‑ ration required for divorce. However, in judicial divorce proceedings, the length of separation constitutes an important factor in determining whether the marriage
has broken down irretrievably. Service in Divorce Proceedings
Divorce by agreement No service is required.
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