View Relationships:Getting Divorced
If you are thinking about getting divorced or are in the middle of it, there are certain issues that you should be aware of that are specific to Japan.
Foreign couples
If your partner is foreign, then the regulations regarding divorce and child custody are those of your home country, so contact your embassies. While living here, you qualify to follow the legal requirements of your home country without ever involving the Japanese legal system. Just remember to notify your ward office of your new status and residence if applicable.
Foreign women married to Japanese men
As for women who permanently live in Japan and are married to Japanese men, I’m afraid that your experience may be much more complicated. The divorce procedure for foreign women married to Japanese men is the same as for Japanese couples.
There are three types of divorce:
Divorce with consent- if you both agree to the terms. This includes agreeing on residences, share of assets, any cash settlements, parental authority, and childcare costs. If you can come to an agreement, then you go to your ward office where both of you sign a divorce application form and submit a divorce report along with your alien registration card.
Divorce through mediation-if you cannot agree to the terms of the divorce. You must obtain a certificate of foreign registration from your ward office and take that, along with your family register, alien registration card and passport, to a family court. You will be assigned two mediators and a judge who will listen to your testimonies. Failing convincing you to reconcile, they will attempt to help you agree on divorce terms.
Divorce through legal suit- when mediation attempts have failed. You must file a legal suit at a district court with lawyers and translators. This method is lengthy and expensive. The court will then decide whether to grant the divorce and if so, upon which terms. Legal aid is available on a loan basis.
Access to and custody of children
You need your partner’s consent in order to gain parental authority and/or custody. Japanese law will favour the Japanese partner rather than the foreign partner regarding custody, regardless of whether your husband is clearly an unfit parent. Japanese law prefers your mother-in-law be granted custody, the idea being that you will go back to your own country and never be seen or heard from again. I can’t emphasise this enough: get your husband to grant you custody during the divorce.
Your visa status
Once you are divorced, your spouse visa is cancelled, regardless of whether your ex-husband is Japanese or foreign. Generally, you are not expected to leave Japan until your visa expires, and this may give you time to change your visa status. If you have children by a Japanese man, and have custody, you are allowed to apply for long-term residency at your local immigration office and your ex-husband has no influence over this.