Divorce

Japan has four main types of divorce:

Consensual Divorce (Civil Code Art. 763): By mutual agreement only. About 90% of divorces in Japan.

Mediation Divorce (Art. 244): Through family court mediation with commissioners.

Adjudication Divorce (Art. 284): Court decides when mediation fails.

Judicial Divorce (Art. 770): Through litigation, requiring statutory grounds.

In Japan, sole custody must be assigned to one parent (Art. 819). Mothers receive custody in about 85% of cases. The court prioritizes the child's best interests.

Child support covers living expenses. Amounts are determined using the Court Calculation Table (2019 Revised). Payment typically continues until age 18-22.

Property division (Art. 768) splits marital assets equally (50/50 principle). Must be claimed within 2 years of divorce.

Divorce alimony is damages for fault (Art. 709, 710). Typical ranges: Infidelity ¥1-3M, DV ¥0.5-5M, Mental abuse ¥0.5-3M.

Visitation (menkai kouryu) allows the non-custodial parent to maintain a relationship with the child after divorce (Art. 766). Frequency is typically 1-2 times per month.

When parents cannot agree, family court mediation is available. If the custodial parent refuses to comply with a mediation agreement or court order, indirect enforcement (monetary penalties per violation) is available per the Supreme Court decision of March 28, 2013.

Visitation may be restricted in cases of domestic violence, child abuse, strong refusal by the child (especially age 10+), or realistic risk of abduction. Third-party organizations such as FPIC can facilitate supervised visitation when direct parent communication is difficult.

The pension division system splits employees' pension insurance premium records accrued during marriage, addressing post-divorce economic disparity.

Consensual division (Employees' Pension Insurance Act Art. 78-2): Split ratio (up to 50/50) determined by agreement or court proceedings.

Category 3 division (Art. 78-14): For Category 3 insured periods (dependent spouse) after April 2008, automatic 50/50 split without the other party's consent.

Deadline: Must file at the pension office within 2 years of divorce — this is a strict exclusion period with no extensions.

Note: Only employees' pension records (not the National Pension/basic pension) are subject to division, and it is the premium records, not the pension amounts themselves, that are split.

Victims of domestic violence can petition the district court for protection orders under the Domestic Violence Prevention Act (Art. 10).

Order types: (1) Approach prohibition — 6 months (Art. 10-1-1); (2) Vacate order — 2 months (Art. 10-1-2); (3) Communication prohibition — phone, email, SNS (Art. 10-2); (4) Child approach prohibition (Art. 10-3); (5) Relative approach prohibition (Art. 10-4).

Violation: Up to 1 year imprisonment or ¥1 million fine (Art. 29).

Evidence: Medical certificates, photographs, audio recordings, and LINE/email records are critical for supporting the petition. Contact the Spousal Violence Counseling and Support Centers (approximately 300 locations nationwide), police (#9110), or an attorney.

International divorces involving foreign nationals or Japanese residents abroad face unique legal challenges.

Applicable law (Act on General Rules for Application of Laws Art. 27): Determined by the common nationality of the spouses, or their common habitual residence, or the law of the place most closely connected to the couple.

Jurisdiction: Japanese courts have jurisdiction when the defendant resides in Japan. Even when the defendant is abroad, jurisdiction may be recognized if the plaintiff resides in Japan (Supreme Court, June 24, 1996).

Consensual divorce validity: Japan's administrative divorce (filing at the municipal office only) is not recognized in many countries. Judicial divorce may be necessary for international enforceability.

Hague Convention (effective in Japan since 2014): Provides procedures for returning children wrongfully removed across borders. The Central Authority is the Ministry of Foreign Affairs.

Foreign judgment recognition: Foreign divorce judgments are recognized in Japan if they meet the requirements of Code of Civil Procedure Art. 118 (jurisdiction, service, public policy, reciprocity).