JAPAN Law and Practice Contributed by: Kenji Yano, Tokyo Kokusai Partners Law Office
Ancillary claim in divorce litigation Where Japanese courts have jurisdiction over the divorce itself, and the requirements noted under Independent application (mediation or adjudica- tion) above are satisfied, jurisdiction over the property division claim is likewise recognised (Personal Status Litigation Act, Article 3-4 (2)). Objection to Jurisdiction See 1.2 Choice of Jurisdiction in Divorce Proceed- ings (Objection to Jurisdiction). Stay of Proceedings in Favour of Foreign Divorce Proceedings See 1.2 Choice of Jurisdiction in Divorce Proceed- ings (Stay of Proceedings in Favour of Foreign Divorce Proceedings). Financial Claims Following a Foreign Divorce Where the Japanese courts have international jurisdic ‑ tion, a claim for property division may be brought in Japan even after a divorce has been granted abroad. However, this presupposes that the foreign divorce is recognised in Japan. If the foreign divorce is not recognised, the parties must first obtain a divorce in Japan before pursuing a claim for property division. 2.2 Service and Process in Financial Proceedings Service in Financial Proceedings The service structure in property division proceedings mirrors that applicable in divorce proceedings; see 1.1 Grounds, Timeline, Service and Process (Service in Divorce Proceedings): • for conciliation and adjudication, a copy of the petition is served on the opposing party (Domestic Relations Case Procedure Act, Article 67); and • for ancillary claims in litigation, the general service provisions of the Code of Civil Procedure apply. Service abroad may take several months or longer, depending on the jurisdiction and the method used.
competent court in accordance with the applicable procedural rules. Stay of Proceedings in Favour of Foreign Divorce Proceedings Under Japanese law, there is no automatic stay of proceedings merely because divorce proceedings are pending in a foreign jurisdiction. However, where a foreign judgment may subsequently become subject to recognition and enforcement in Japan, the court may adjust the progress of the pro ‑ ceedings as appropriate, within its case management discretion. 2. Financial Proceedings 2.1 Choice of Jurisdiction in Financial Proceedings Jurisdiction to Commence Financial Proceedings In Japan, financial disputes arising out of divorce pri ‑ marily concern property division (Civil Code, Article 768). A claim for property division may be brought either: • independently after the divorce has been finalised; or Under Article 3-12 of the Domestic Relations Case Procedure Act, Japanese courts have international jurisdiction where: • the respondent has a residence in Japan; • both parties are Japanese nationals; • the parties’ last common residence was in Japan; or • as an ancillary claim in divorce litigation. Independent application (mediation or adjudication) • special circumstances exist such that Japan is an appropriate forum from the standpoint of fairness and proper administration of justice. 2026 Amended Civil Code The limitation period for bringing a claim for property division will be extended from two years to five years after divorce.
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