Family Law in Japan - Divorce

Divorce

There are four types of divorce in Japan:

• Divorce by agreement (Kyōgi Rikon), based on mutual agreement.
• Divorce by mediation in a family court (Chōtei Rikon), completed by applying for mediation by the family court (for cases in which divorce by mutual agreement cannot be reached).
• Divorce by decision of the family court (Shinpan Rikon), which is divorce completed by family court decision when divorce cannot be established by mediation.
• Divorce by judgment of a district court (Saiban Rikon). If divorce cannot be established by the family court, then application is made to the district court for a decision (application for arbitration is a prerequisite). Once the case is decided, the court will issue a certified copy and certificate of settlement, to be attached to the Divorce Registration.

Foreign citizens must show evidence that they are able to be divorced in their country of nationality and that the procedures used in Japan are compatible with those of their home country.

Joint custody of children ends upon divorce. In a divorce by agreement, the husband and wife must determine which parent will have custody of each child. In other types of divorce, custody is determined by the mediator or judge, with a strong preference toward custody by the mother (especially with regard to children born after the divorce).