Divorce

Direct English Representation by an Experienced Attorney

Divorce and family law issues are deeply personal. We offer direct legal consultation and representation in English without the need for an interpreter.

With extensive experience handling cross-border cases and English-language legal matters, we thoroughly understand the complexities foreign clients face under Japanese family law. From child custody and access rights to asset division and court mediation (Chotei), your attorney will directly guide you through every step with clear, experienced advice.

Types of Divorce Procedures in Japan

In Japan, there are three primary legal methods for obtaining a divorce: 1. Divorce by Agreement (Kyogi Rikon), 2. Divorce by Mediation (Chotei Rikon), and 3. Judicial Divorce by Court Trial (Saiban Rikon).Each method follows a distinct legal process depending on whether both spouses can agree on the divorce terms.

1. Divorce by Agreement (Kyogi Rikon)

This is the most common method in Japan, where both spouses discuss and agree upon the terms of divorce (such as child custody, asset division, and child support) on their own.

Process: Once both parties agree, you submit a signed Divorce Notification (Rikon Todoke) to the local municipal office.
Key Considerations for Foreign Residents: If you have minor children, you must designate a sole custody holder on the form. Additionally, to ensure financial agreements (like child support or alimony) are legally enforceable, it is strongly recommended to execute a Notarial Deed (Kosei Shosho) with the help of a lawyer before submitting the form.

2. Divorce by Mediation (Chotei Rikon)

If you and your spouse cannot reach an agreement, or if direct communication is difficult, either party can file a petition for mediation at the Family Court.

Process: A court-appointed mediation panel (typically a judge and two mediators) sits between both parties to facilitate negotiations. You and your spouse generally sit in separate rooms and speak to the mediators individually.
Key Outcome: If an agreement is reached, the court issues a Mediation Record (Chotei Chosho), which carries the same legal authority as a court judgment. If no agreement is reached, mediation fails (Chotei Fubensei), and you may proceed to litigation.

3. Judicial Divorce by Court Trial (Saiban Rikon)

If mediation fails to yield an agreement, either spouse may file a formal lawsuit in the Family Court to obtain a court judgment granting the divorce.

Process: A judge reviews evidence, hears testimony, and determines whether the divorce should be granted based on statutory grounds.
Statutory Grounds Required: Unlike agreement or mediation, a judicial divorce can only be granted if at least one legally recognized ground for divorce exists under Article 770 of the Japanese Civil Code (e.g., adultery/infidelity, malicious abandonment, severe domestic abuse, or long-term separation making the marriage unrecoverable).

Parental Authority & Custodial Rights in Japan

1. Parental Authority (Shinken) — Legal Custody

Shinken refers to the legal authority and rights/duties of a parent regarding a minor child. It consists of two main aspects:

Personal Care & Rights (Shinsho-kanri-ken): The legal right to decide the child's residence, discipline, education, occupation, and medical care.
Property Management (Zaizan-kanri-ken): The right and responsibility to manage the child’s property and act as their legal representative in legal transactions or contracts.

2. Custodial Rights (Kangoken) — Physical Custody

Kangoken refers specifically to the right and duty to live with, physically care for, and raise the child on a day-to-day basis.

In most Japanese divorces, one parent receives both Shinken (Legal Custody) and Kangoken (Physical Custody).
However, in contested cases, courts may separate these rights—granting Shinken to one parent while assigning Kangoken (the right to physically live with and raise the child) to the other.

The Legal Right to Visitation

Under Japanese family law, visitation is recognized as a child's right as well as a parent's right. The primary consideration of the court is always the best interests of the child.

Even if one parent resists or refuses contact, Japanese Family Courts generally support regular visitation unless there are compelling reasons to deny it (such as domestic violence, child abuse, or a genuine risk of parental child abduction).

Division of Marital Assets

Property division (Zaisan-Bunyu) is one of the most critical aspects of divorce in Japan. Under Japanese law, marital assets accumulated during the marriage are generally divided equally between both spouses, regardless of who earned the income. We ensure that your financial contributions are protected and that all marital property is fairly evaluated.

Spousal Maintenance & Living Expenses During Separation

Under Japanese civil law, married couples are legally obligated to support each other financially according to their income and lifestyle. If you and your spouse are separated prior to finalizing a divorce, the higher-earning spouse is generally required to pay monthly Marital Living Expenses (Kon-in Hiyo, commonly abbreviated as Kon-hi) to the other spouse.

Fee Schedule

Legal Consultation Fee

¥30,000 per time

Attorney Fee (Time Charge)

¥30,000 per hour

Minimum total fee: ¥600,000 (Initial deposit)

Fixed Expenses

¥50,000 per case

All prices exclude tax.