JAPAN Trends and Developments Contributed by: Kenji Yano, Tokyo Kokusai Partners Law Office
Other Amendments (Property Division) Reforms have also been introduced to enhance the effectiveness and fairness of property division upon divorce. Extension of the limitation period The period within which a claim for property division may be brought has been extended from two years to five years from the time of divorce (Article 768). This amendment applies to divorces that become effective on or after 1 April 2026. Financial disclosure orders A new mechanism has been introduced enabling the court to order a party to disclose information regarding income and assets. Where a party refuses to comply with a disclosure order, without just cause, or submits false information, a civil fine of up to JPY100,000 may be imposed. This reform is intended to deter concealment of assets and to facilitate fair property division and appropriate determination of child support. Future Outlook While the reform clarifies the fundamental statutory framework governing children, its concrete operation will be shaped through the accumulation of decisions and practice in the Family Courts.
The reform does not merely alter the manner in which the holder of parental authority is designated. Rath ‑ er, its essential feature lies in shifting toward a more structured and institutional framework for governing and co-ordinating a child’s life. Under the previous system, the model was essen ‑ tially designation-based: the central question was which parent would hold parental authority. Under the amended regime, it may be characterised instead as a governance-oriented model, focusing on how a child’s life is to be structured and regulated following marital breakdown. In this sense, the reform both expands parental rights and broadens the scope of judicial adjustment and intervention by the Family Courts. A central challenge for future practice will be to identify an appropriate balance between the normative ideal of joint parental authority and the realities of high-conflict cases. The long-term impact of the reform will depend not only on the wording of the statutory provisions, but also on how the Family Courts interpret and imple ‑ ment joint parental authority and the related mecha ‑ nisms in practice.
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