Legal Q&A
150 answers to common legal questions based on Japanese statutes.
Divorce
15 questionsQ. What are the legal grounds for judicial divorce in Japan?
Even without consent, divorce can be granted by court for reasons like infidelity, violence, or long separation.
Q. How is child custody decided in a Japanese divorce?
Custody is decided based on the child's best interests, considering caregiving history and stability. Mothers receive custody in about 85% of cases.
Q. What is the typical amount of child support in Japan?
Child support is calculated based on both parents' income and the child's age, typically around 40,000-60,000 yen per month.
Q. How is property divided in a divorce in Japan?
Marital assets are split equally (50/50). Pre-marriage or inherited assets are excluded. Claims must be made within 2 years of divorce.
Q. What is the typical range for divorce alimony in Japan?
You can claim alimony from the spouse at fault. Typical amounts: 1-3 million yen for adultery, 0.5-5 million yen for domestic violence.
Q. What is the process and duration of divorce mediation?
Divorce mediation is filed at family court, takes 3-6 months with monthly sessions, and costs only 1,200 yen.
Q. How can I apply for a protection order against domestic violence?
DV victims can apply for court protection orders banning approach or contact. Prior consultation with police or DV center is required.
Q. What is pension splitting in divorce?
Pension records during marriage can be split upon divorce. Dependent spouses may automatically receive half.
Q. How is child visitation decided after divorce?
Visitation is typically 1-2 times monthly. Courts generally favor it unless there is DV or abuse.
Q. How can I revert to my maiden name after divorce?
You automatically revert to your maiden name after divorce. To keep your married name, file within 3 months.
Q. Can I remarry immediately after divorce?
The 100-day remarriage waiting period for women was abolished in 2024. Both men and women can remarry immediately.
Q. What happens to the mortgage when divorcing?
Divorce does not eliminate mortgage obligations. Options include selling, one spouse assuming the loan, or refinancing.
Q. What procedures are needed for international divorce in Japan?
International divorce requires determining which country's law applies. Visa status may also be affected.
Q. What happens to child custody if divorcing during pregnancy?
If divorcing during pregnancy, the mother automatically becomes the custodial parent at birth. The father must petition the court.
Q. What legal protections exist when dissolving a common-law marriage?
Common-law partners can claim property division and alimony, but have no inheritance rights without a will.
Inheritance
15 questionsQ. How are legal inheritance shares determined in Japan?
Inheritance shares depend on who survives: spouse and children split 50/50, spouse and parents get 2/3 and 1/3, and so on.
Q. What is the legally reserved portion (iryubun) and how to claim it?
The reserved portion guarantees a minimum inheritance share. Even if a will leaves you nothing, you can claim a monetary payment.
Q. What is the basic deduction for inheritance tax in Japan?
Inheritance tax has a basic deduction of 30 million yen plus 6 million yen per heir. No tax is owed if the estate is below this amount.
Q. How do you renounce an inheritance and what is the deadline?
You can renounce inheritance within 3 months by filing with family court, avoiding both assets and debts entirely.
Q. What types of wills exist in Japan and what are the requirements?
There are mainly two types of wills: handwritten and notarized. Notarized wills are the most reliable and recommended.
Q. How do I write a holographic will and what should I be careful about?
Handwritten wills require the entire text, date, name, and seal by hand. Storing at the Legal Affairs Bureau prevents loss.
Q. What is the spouse's legal share of inheritance?
The spouse's share is 1/2 with children, 2/3 with parents, or 3/4 with siblings.
Q. Can an heir who cared for the deceased receive a larger share?
Heirs who provided long-term care may receive a larger share. Keeping care records is essential.
Q. Must heirs repay the deceased's debts?
Heirs inherit debts too. To avoid them, renounce the inheritance within 3 months.
Q. What are the new mandatory inheritance registration requirements?
Since April 2024, inheritance registration is mandatory within 3 years. Failure results in fines up to 100,000 yen.
Q. Can digital assets like cryptocurrency and social media accounts be inherited?
Cryptocurrency is inheritable, but social media accounts usually cannot be inherited. Record access info in advance.
Q. Is it possible to disinherit a specific heir?
Disinheritance is possible for abuse or serious misconduct with court approval, but the forced share cannot be eliminated.
Q. What should I do if heirs disagree on estate division?
If heirs disagree, file estate division mediation at family court. If mediation fails, the judge decides.
Q. When is the inheritance tax filing deadline?
Inheritance tax must be filed within 10 months. Even if estate division is incomplete, a provisional filing is required.
Q. What is the process when an heir lives overseas?
Overseas heirs must participate in inheritance procedures. Embassy signature certification and a tax agent are required.
Traffic Accidents
15 questionsQ. How is compensation for traffic accident injuries calculated in Japan?
There are three compensation standards; the court/lawyer standard is the highest. Additional compensation applies for permanent disability.
Q. How is fault ratio determined in a traffic accident?
Fault ratios are set by standard guidelines. If you share fault, your compensation is reduced. Dashcam footage is key evidence.
Q. How do you get a disability grade certification after a traffic accident?
Apply after treatment ends. Filing directly as a victim is more favorable than going through the insurer.
Q. What is the statute of limitations for traffic accident claims?
Personal injury claims expire in 5 years, property damage in 3 years from knowing the damage and perpetrator.
Q. The insurance company's settlement offer is low. Can I get more?
Insurance offers are often low. Hiring a lawyer can increase compensation 1.5 to 3 times using court standards.
Q. What compensation can pedestrians receive after being hit by a car?
Pedestrians can claim medical costs, lost income, and compensation. Fault at crosswalks is typically zero.
Q. What liability does a cyclist face when causing an accident?
Bicycle accident liability can be enormous - judgments have exceeded 95 million yen. Insurance is essential.
Q. Can I receive compensation as a hit-and-run victim?
Even if the hit-and-run driver is unknown, you can receive compensation from the government guarantee program.
Q. Can whiplash be recognized as a permanent disability?
Whiplash can qualify for disability compensation. Key factors are 6+ months of treatment and consistent symptoms.
Q. What is lawyer cost special coverage in auto insurance?
Lawyer cost coverage lets you hire a lawyer at no cost. Compensation often doubles or triples, and your insurance grade is unaffected.
Q. What compensation is available for victims of drunk driving accidents?
Drunk driving victims receive higher compensation. The driver is typically held 100% at fault.
Q. What is the fault ratio in rear-end collisions?
Rear-end collisions are basically 100% the rear driver's fault, except when the front vehicle brakes without reason.
Q. What happens if the at-fault driver has no insurance?
Even if the other driver has no optional insurance, compulsory insurance provides basic coverage. Use your own insurance too.
Q. How is lost income calculated for traffic accident victims?
Lost income from accident injuries is compensated. Even homemakers qualify at about 10,000 yen per day.
Q. Should I accept the insurance company's settlement offer?
Settlement is irrevocable once agreed. Never settle before your disability rating is finalized.
Labor Issues
15 questionsQ. How is overtime pay calculated in Japan?
Overtime beyond 8 hours/day requires at least 25% extra pay. Late night and holiday work have additional premiums.
Q. What constitutes unfair dismissal in Japan?
Dismissal without valid reason is void. Employers must give 30 days' notice or pay. Unfair dismissal can be challenged.
Q. I am experiencing workplace harassment. What legal remedies are available?
Power harassment is legally prohibited. Options include company hotline, labor bureau, or court. Document everything.
Q. My employer is not paying my wages. What can I do?
Unpaid wages are a criminal offense. Report to the labor inspection office or file a labor tribunal. The statute of limitations is 3 years.
Q. Is fixed overtime pay (minashi zangyo) legally valid?
Fixed overtime pay is valid only if the amount and hours are clearly stated, and excess is paid separately. Otherwise, you can claim the difference.
Q. Can I be fired during maternity or parental leave?
Dismissal during maternity/parental leave is prohibited. Childcare leave benefits are 67% of salary for the first 180 days.
Q. Is it legal for my employer to unilaterally cut my salary?
Unilateral pay cuts are generally illegal. They require worker consent or a reasonable justification.
Q. Are post-employment non-compete clauses enforceable?
Non-compete clauses must be limited to 2 years and reasonable in scope. Without compensation, they are unlikely to be enforced.
Q. Am I protected from retaliation if I report corporate misconduct?
Whistleblowers are legally protected from dismissal and retaliation, including former employees and executives.
Q. What compensation does workers' comp provide for workplace injuries?
Workers' comp covers full medical expenses and 80% of wages. You can file directly even if your employer refuses to cooperate.
Q. Are there legal limits on mandatory retirement age?
Retirement cannot be before 60. Employment to 65 is mandatory, and providing work to 70 is an effort obligation.
Q. Can I be dismissed during the probation period?
Probation dismissal still requires reasonable grounds, though a wider range is accepted than after full employment.
Q. What is the legal definition and boundary of power harassment?
Power harassment means abusing authority beyond business needs. Proper business instruction is not harassment.
Q. My dispatch contract was suddenly terminated. What can I do?
Even if dispatch is terminated early, the agency must pay at least 60% of wages and help find new work.
Q. Is it illegal for my employer not to enroll me in social insurance?
Not enrolling employees in social insurance is illegal. Even part-timers meeting certain conditions must be covered.
Debt Relief
15 questionsQ. What happens when you file for personal bankruptcy? What are the downsides?
Bankruptcy eliminates most debts, but you cannot use credit cards or loans for 5-10 years.
Q. What is individual rehabilitation (kojin saisei)?
Individual rehabilitation reduces debts to 1/5-1/10, repaid over 3-5 years. You can keep your home.
Q. What is the statute of limitations on debt? What is invocation of prescription?
Debt expires in 5 years, but you must formally notify the creditor. Any partial payment resets the clock.
Q. What is voluntary debt arrangement and how does it differ from bankruptcy?
Voluntary arrangement cuts future interest and restructures repayment without court, and you keep your assets.
Q. Can my wages be garnished for unpaid debts?
With a court judgment, up to 1/4 of your salary can be garnished. For child support, up to 1/2 can be taken.
Q. I can't repay my credit card debt. What should I do?
Three options: voluntary arrangement, rehabilitation, or bankruptcy. Never borrow to repay debts.
Q. I became a joint guarantor. Do I have to pay?
Joint guarantors bear the same payment obligation as the borrower and cannot demand the creditor pursue the borrower first.
Q. What is overpayment and can I request a refund?
Interest paid above legal limits can be refunded. Claims must be made within 10 years of the last transaction.
Q. Debt collectors are harassing me. What can I do?
Collection calls between 9PM-8AM and workplace contact are illegal. Hiring a lawyer stops direct contact.
Q. Will debt restructuring put me on a credit blacklist?
Debt restructuring puts you on a credit blacklist for 5-10 years, but records are cleared after that period.
Q. Am I responsible for my spouse's debts?
You generally have no obligation for your spouse's debts, except for daily household expenses which are joint liability.
Q. Is there a simple way to collect small debts?
Claims up to 600,000 yen can be resolved in one hearing via small claims court. No lawyer needed, with lower fees.
Q. Can I file for bankruptcy over gambling debts?
Gambling debts can still be discharged through bankruptcy if you show genuine remorse and effort to rebuild your life.
Q. Must I pay a debt for which the statute of limitations has expired?
If the statute of limitations has passed, formally notify the creditor. Any partial payment resets the clock.
Q. How should a sole proprietor handle debts from business failure?
Personal rehabilitation suits those who want to continue business. Even in bankruptcy, you can keep up to 990,000 yen of business tools.
Criminal Defense
15 questionsQ. How long can you be detained after arrest in Japan?
After arrest, you can be detained for up to 23 days. You have the right to meet with a lawyer.
Q. What is a suspended sentence in Japan?
A suspended sentence lets you avoid prison. If you stay clean for the set period, the sentence lapses. Reoffending revokes it.
Q. What should I do if falsely arrested for groping on a train?
If falsely accused, immediately call a lawyer, exercise your right to silence, and never sign unfavorable statements.
Q. Does a criminal record last forever in Japan?
Criminal records don't fully disappear, but after 5-10 years without reoffending, legal disabilities are removed.
Q. What are the conditions for bail and how much does it cost?
Bail is available after indictment. Bail money is typically 1.5-3 million yen and is returned after the trial.
Q. What penalties exist for drunk driving in Japan?
Drunk driving carries up to 5 years imprisonment or a 1 million yen fine. Causing injury/death can mean up to 20 years.
Q. Will shoplifting result in a criminal record?
Shoplifting is theft. First-time minor cases often result in non-prosecution, but habitual offenders face serious penalties.
Q. What criminal charges apply to domestic violence?
DV can constitute multiple crimes including assault and injury. Call the DV hotline: 0120-279-889 (24 hours).
Q. What are the penalties for cannabis possession in Japan?
Cannabis possession carries up to 5 years imprisonment. First offenders often get suspended sentences, but career impact is significant.
Q. Under what conditions is self-defense legally recognized?
Acts done unavoidably to defend against an imminent unlawful attack are not punished as self-defense.
Q. What procedures apply when a minor commits a crime?
Juvenile cases (under 20) go to family court. Serious crimes may be transferred to regular criminal prosecution.
Q. Can crime victims participate in criminal trials?
Crime victims can participate in trials, question defendants, and state opinions. Financial support funds are also available.
Q. Will my employer find out about my arrest? Can I be fired?
Police typically don't notify employers. Arrest alone doesn't justify dismissal and may be challenged.
Q. Can the perpetrator of online fraud be caught?
For online fraud, preserve evidence, file a police report, and request a bank account freeze. Report even small amounts.
Q. Can a criminal record ever be erased?
Criminal records lose legal effect after 5-10 years without reoffending, and need not be disclosed on resumes.
Corporate Law
15 questionsQ. How much does it cost to establish a company in Japan?
A stock company costs about 200-250K yen, an LLC about 100K yen. Capital can be as low as 1 yen.
Q. Can directors be personally liable for damages?
Directors can be personally liable for damages caused by negligence, and can be sued by shareholders or third parties.
Q. Is a shareholders' agreement legally binding in Japan?
Shareholders' agreements are binding between parties but do not bind third parties or the company itself.
Q. How enforceable are non-compete clauses after leaving a company?
Non-compete clauses are valid only if reasonable in duration, scope, and compensation. Overly broad ones are void.
Q. Can you terminate a business contract before it expires?
Contracts can be terminated by mutual agreement, contractual clause, or for breach. Damages may apply.
Q. How much does trademark registration cost and how long does it take?
Trademark registration costs about 12,000 yen to file plus 32,900 yen to register, taking 6-12 months. Renewable every 10 years.
Q. What rules must companies follow under Japan's personal data protection law?
Companies must specify data use, ensure security, and report breaches. Violations can result in fines up to 100 million yen.
Q. What harassment prevention measures are mandatory for companies?
All companies must have harassment prevention measures, including a consultation desk, for power, sexual, and maternity harassment.
Q. A client went bankrupt. Can I recover accounts receivable?
Recovery options include security, set-off, and bankruptcy claims. Recovery rate is typically only 5-10%.
Q. How should a company protect its intellectual property?
IP can be protected through patents, trademarks, copyrights, and trade secrets. Proper management is essential.
Q. What legal points should I watch for in franchise agreements?
Watch for inflated sales projections and early termination penalties in franchise agreements. Get legal review before signing.
Q. What are the roles and responsibilities of the board of directors?
The board makes key decisions and supervises directors. Directors owe duties of care and loyalty.
Q. What is a labor compliance audit?
Labor compliance audits check work rules, overtime, wages, and social insurance. Essential for IPO preparation and M&A.
Q. What does legal due diligence cover in M&A?
Legal due diligence examines corporate structure, contracts, litigation, IP, labor, and permits. Findings affect the purchase price.
Q. What tax benefits are available for small businesses in Japan?
SMEs enjoy a reduced tax rate of 15% on income up to 8 million yen, plus investment and depreciation benefits.
Real Estate
15 questionsQ. Can I claim against the seller if a purchased home has defects?
You can claim repair, price reduction, or damages for defects. Notify the seller within 1 year of discovery.
Q. My landlord refused to renew my lease. Do I have to move out?
Landlords need "just cause" to refuse renewal. Without it, the lease auto-renews and you can stay.
Q. Can I get my security deposit back when moving out?
Security deposits must be returned. Only tenant-caused damage is deducted; normal wear and tear is the landlord's responsibility.
Q. I have a boundary dispute with my neighbor. How can I resolve it?
Boundary disputes can be resolved through the Legal Affairs Bureau, court, or mediation at relatively low cost.
Q. Can I sublease my rented property?
Subleasing without the landlord's consent is prohibited and can lead to contract termination.
Q. Can I claim damages for renovation work disputes?
For renovation defects, you can demand repair, price reduction, or damages. Free consultation: 0570-016-100.
Q. Can I take legal action against a noisy neighbor?
Noise exceeding tolerance limits allows damage claims and injunctions. Record noise levels as evidence.
Q. Can I challenge a condominium management association resolution?
Flawed resolutions can be challenged in court. Rule changes require a 3/4 majority vote.
Q. What legal risks come from leaving a house vacant?
Neglected vacant houses can face up to 6x property tax and forced demolition. Owners are liable for any damage caused.
Q. How do I register inherited real estate?
Inheritance registration is mandatory. Gather family registers and apply at the Legal Affairs Bureau. Tax is 0.4% of property value.
Q. Can I hold the seller liable for building code violations?
If a purchased building violates building codes, you can claim repair, price reduction, or damages from the seller.
Q. Can I challenge a property tax assessment that seems too high?
You can challenge property tax assessments within 3 months of notice. Compare with similar nearby properties.
Q. Can I acquire ownership of land I've used for many years?
Continuous use of land for 10 years (good faith) or 20 years with ownership intent can grant ownership rights.
Q. What right of way exists for landlocked properties?
Landlocked property owners have a legal right of way through neighboring land, with compensation required.
Q. Can I cut tree branches or roots encroaching from a neighbor's property?
Since 2023, you can cut encroaching branches yourself under certain conditions. Roots can always be cut.
Consumer Issues
15 questionsQ. What are the cooling-off periods and eligible transactions?
Door-to-door and telemarketing have 8-day cooling-off; MLM has 20 days. Online shopping is excluded.
Q. Can unfair terms in consumer contracts be voided?
Unfair contract terms against consumers are void, including excessive penalties and clauses blocking cancellation.
Q. I was injured by a defective product. Can I sue the manufacturer?
If a defective product causes injury, you can claim damages without proving the manufacturer's negligence.
Q. Can I cancel an online purchase in Japan?
Online shopping has no cooling-off, but returns are possible within 8 days if no return policy is stated.
Q. I cannot cancel my subscription service. What can I do?
If cancellation terms were unclear, you can void the contract. Contact the consumer hotline at 188 for help.
Q. I was scammed into investing by someone I met on a dating app.
For romance scams, preserve evidence, file a police report, and freeze bank accounts. Crypto recovery is extremely difficult.
Q. I lost money on an investment promised as "guaranteed profit." Can I get a refund?
Contracts based on "guaranteed profit" claims can be cancelled and refunds demanded.
Q. I can't cancel a subscription service. What can I do?
You can cancel subscriptions if the terms were unclear on the confirmation screen. Contact the consumer hotline at 188.
Q. A product broke within warranty. Can I demand repair or replacement?
Within warranty, you get free repair or replacement. Even without warranty, you can claim repair or replacement from the seller.
Q. I noticed unauthorized charges on my credit card. What should I do?
Contact your card company immediately to freeze the card. Most cover unauthorized charges up to 60 days before your report.
Q. I've been approached about multilevel marketing. What should I watch for?
MLM has a 20-day cooling-off period. "Easy money" claims constitute illegal solicitation.
Q. I signed up through telemarketing. Can I cancel?
Telemarketing contracts can be cancelled within 8 days. No written contract means unlimited cancellation rights.
Q. I bought a product based on fake reviews. Do I have any recourse?
Fake reviews are illegal since 2023. Victims can cancel contracts or claim damages.
Q. Can I return an online purchase that doesn't match expectations?
Returns for unmet expectations are limited, but if no return policy is stated, you can return within 8 days.
Q. Are there ways to resolve consumer disputes without going to court?
Disputes can be resolved without court through consumer centers, small claims, or mediation. Start by calling 188.
Internet Issues
15 questionsQ. What is the typical compensation for online defamation in Japan?
Compensation for online defamation typically ranges from 300K-1M yen for individuals and 500K-3M yen for businesses.
Q. How can I identify an anonymous online poster?
You can identify anonymous posters through a court disclosure order. Act quickly as logs are only kept 3-6 months.
Q. Can I have old articles about me removed from search results?
Removing search results is difficult but possible if privacy interests clearly outweigh public interest. Start with Google's removal request form.
Q. What can I do if my photos or illustrations are used without permission on SNS?
Photos and illustrations are automatically protected by copyright. Use platform reporting or claim damages for unauthorized use.
Q. I am a victim of revenge porn. What legal remedies are available?
Revenge porn is a crime. Preserve evidence, report to police, request takedown, and claim damages.
Q. My child is being cyberbullied. What legal actions can be taken?
Cyberbullying can be addressed through takedown requests, identifying posters, damages, or criminal charges. Schools must also act.
Q. Deepfake videos using my face are circulating. What can I do?
Deepfakes violate portrait rights and defamation laws. Report to the platform and consult a lawyer immediately.
Q. I was scammed in a cryptocurrency fraud. Can I recover my funds?
Crypto fraud recovery is extremely difficult. Preserve evidence, file a police report, and request address freezes at exchanges.
Q. My social media account was hacked. What legal actions can I take?
Account hacking is a crime. Immediately change passwords, enable two-factor authentication, and file a police report.
Q. My personal data was leaked. Can I claim damages from the company?
You can claim damages from companies that leak your data. Typical compensation is 3,000-15,000 yen per person.
Q. Can I get a restraining order against an online stalker?
Online stalking is regulated under the Stalker Act. Prohibition orders can be issued for SNS messages and GPS tracking.
Q. I fell for a phishing scam. Can I recover my money?
If you fall for phishing, immediately contact your bank and card company. You are typically compensated unless grossly negligent.
Q. Do AI-generated contents have copyright protection?
Purely AI-generated content likely has no copyright, but human creative input may make it copyrightable.
Q. My online game account/items were stolen. What legal options exist?
Game account or item theft can be a crime. Report to the game operator and file a police report.
Q. What legal requirements exist for starting an online shop?
Online shops must display business info, file a business registration, and obtain permits for specific product types.
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