PacisLexis Family Law
Divorce lawyer Japan: Your complete guide to divorce and family law
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How divorce works in Japan
French nationals in Japan & Japanese nationals in France
Custody, child support & shared custody
Why you need a qualified lawyer & how we can help
PacisLexis Family Law
Divorce lawyer Japan
Divorce is never easy, but navigating it in Japan comes with its own unique legal, cultural, and procedural complexities.
Whether you are Japanese or a foreign resident, understanding your rights and obligations under Japanese law is crucial.
Unlike some western countries, Japan traditionally awards sole custody to one parent and emphasizes family court mediation over litigation.
International couples face even more challenges: cross-border custody, enforcement of foreign judgments, and property division across countries must all be considered.
When divorcing in Japan, several aspects are essential:
- Applicable Law: Japanese Civil Code governs divorce. For international couples, you may need to consider which country’s law applies to custody, property, or alimony disputes.
- Types of Divorce: Japanese law recognizes consensual divorce (kyōgi rikon), mediated divorce (chōtei rikon), and litigated divorce (saiban rikon). Each has distinct procedural requirements.
- Child Custody and Support: Custody is often awarded to one parent, though joint custody is now gradually emerging due to legal reforms. Courts prioritise the best interests of the child.
- Property and Financial Considerations: Japan uses equitable division of marital assets, but maintenance is less common than in France or Common Law countries.
- Comparisons with France: France allows joint custody by default, equitable property division, and structured maintenance obligations.
- Comparisons with Common Law Countries: Equitable property division is common, joint custody is usually presumed, and courts consider visitation, child preference, and parental cooperation.
Working with a divorce lawyer is essential to protect your rights, especially in international cases.
At PacisLexis Family Law, our experienced team guides clients through mediation, custody disputes, and property negotiations.
Contact us today to schedule a consultation and ensure your divorce is handled efficiently and fairly.
divorce lawyer japan
How divorce works in Japan?
What are the types of divorce in Japan?
In Japan there are several ways to get divorced. The main ones are:
- Kyōgi rikon (協議離婚) — divorce by mutual consent. The spouses agree on everything: division of property, child custody, etc. They file the divorce notice (rikon todoke) at the local ward or city office.
- Chōtei rikon (調停離婚) — mediated divorce. If spouses cannot resolve issues themselves, mediation via family court is used to try settle disputes.
- Shimpan rikon / Saiban rikon — judicial divorce, where court (family court) is involved for decisions (custody, support, property).
What documents and procedures are needed?
If you’re divorcing in Japan:
- File the rikon todoke (divorce notification) at city/ward office. Both spouses must sign/seal and get witnesses.
- If children under 20, you must decide on custody (which parent gets custody) before the divorce registration.
- Foreign nationals: your passport, residence card, documents about marriage, certificates of ability to marry/divorce depending on your nationality. Sometimes translations needed.
What happens if one spouse does not agree?
If mutual agreement fails, you go to mediation (chōtei). If mediation fails, then you go to family court. The court can decide on custody, property, maintenance, etc.
What is the current status of joint custody in Japan?
Historically, Japanese law only allowed sole custody to one parent (usually the one where the children live). The non-custodial parent has few rights except visitation, which isn’t always guaranteed.
However, recently (2024) a bill passed in the Lower House of the Diet to allow joint custody (shared custody) for divorced parents. It’s expected to be implemented in or after 2026.
divorce lawyer japan
French nationals in Japan & Japanese nationals in France
Can French nationals divorce in Japan?
French residents in Japan can divorce under Japanese law as long as relevant procedures are followed.
You must submit the divorce paperwork (rikon todoke), meet requirements, and ensure that the divorce is recognised in France if you want international legal validity. Embassies/consulates can assist.
If Japanese nationals live in France, can they use Japanese divorce law or must use French law?
Usually, people living in France must follow local family law (French), especially if they are French nationals or permanent residents; but if there’s an agreement, or mixed nationality, there may be cross-recognition depending on treaties.
A lawyer who understands both jurisdictions is essential.
What are visa/residence matters for foreigners divorcing in Japan?
If you have a “spouse of a Japanese national” visa, divorce can affect your status. For example:
- You must notify immigration within 14 days after divorce.
- If visa depended on spouse status, it may not be renewable after divorce unless you secure another type (work, permanent resident etc.)
Our firm’s help: We assist French nationals in Japan and Japanese nationals in France. We ensure that the divorce adheres to both countries’ laws, that documents are valid in both jurisdictions, and help navigate visa/residence status changes.
divorce lawyer japan
Custody, child support & shared custody
How is child custody decided in Japan?
Traditionally, Japanese law gives sole custody to one parent upon divorce. The parent with whom the child resides becomes the custodial parent. The non-custodial parent often has limited visitation unless negotiated.
With new legal changes (bill passed in 2024), joint custody will become possible. The new law will allow parents to choose between sole or joint custody, or family court will decide if no agreement. Implementation from 2026.
What about child support and spousal maintenance?
– Child support is typically agreed upon or decided in family court. Be aware that enforcement is not always strong.
– Spousal support exists but is less standardized; many foreign residents are unaware of their rights. Courts consider income, length of marriage, standard of living.
What happens to parental rights and family registry (koseki)?
For Japanese nationals, the family register (koseki) records marriage, children, divorce. After divorce, custody must be registered (who is the custodial parent).
Foreign nationals might not have entries in koseki, but they are impacted through custody recognition.
Our firm can help ensure that custody decisions are properly reflected in both jurisdictions (Japan & France) for clarity in legal status.
divorce lawyer japan
Why you need a qualified lawyer and how we can help
Why isn’t DIY always safe?
Because misunderstandings, language barriers, or undocumented procedures can lead to unfair divorce terms: loss of custody, loss of alimony, visa issues, or even divorces “filed without your consent.”
Many foreigners report being surprised by documents signed or processed wrongly.
What should a good divorce lawyer understand?
– Must know Japanese family law, including civil code, divorce types, custody laws.
– Must understand French law if one party is French or cases need to be recognised in France.
– Fluent language ability (Japanese & French or English) for clarity.
– Experience with cross-jurisdiction cases, residency/visa issues.
How do fees work, and how long does it take?
– Mutual consent divorces (kyōgi rikon) are faster and less costly. Filing at city hall might just need paperwork.
– Disputed divorces (mediation or court) take longer, involve legal fees, court fees, possible translation.
– Your firm helps estimate fees, prepare documentation, negotiate settlements to avoid costly court battles.
What recent legal changes should clients know?
– The major change: passage of bill to allow joint custody in divorced families starting ~2026. This aligns Japan more with many Western norms.
– Foreigners need to be proactive with residence status if they had visa dependent on spouse. Notify immigration, understand status change.
To help you
and to care
PacisLexis Family Law
Navigating divorce in Japan is complex
With cultural norms, legal strictures, custody laws that are changing, and international issues. Our firm helps both French nationals in Japan and Japanese nationals in France get through the process with clarity, fairness, and protection.
We advise, we represent, and we ensure your divorce, custody, assets, and residence status are handled properly under both legal systems.
If you need help, let’s discuss. You deserve a divorce process that protects your rights, values, and relationships.
PacisLexis Family Law
Our separation & divorce articles
Choosing the applicable divorce Law
If you are an expatriate couple considering divorce in Europe, understanding how to choose the applicable law is crucial. The Rome III Regulation—in force for certain EU countries—gives spouses the right to choose which national law will govern their divorce or legal separation. But the process can be tricky, especially for couples with ties to different countries or different legal traditions—like French civil law and common law systems.
Conditional order
A conditional order is a legal document issued by a court outlining specific conditions that must be fulfilled before a final decision or decree is granted. It is commonly used in legal systems like those in England and other Common Law jurisdictions. Conditional orders are particularly prevalent in divorce cases, where they represent an intermediate stage confirming that the applicant is entitled to a divorce but must meet certain requirements before finalizing the process.
Changing a child arrangement order
When life circumstances change, so too might the needs of your family, particularly when it comes to child arrangement orders. Whether you’re navigating this issue under common law systems (like in the UK or US) or within French family law, understanding your options is crucial.