Japan could soon abolish 100-day remarriage ban for women

[thomas]

The Japanese Civil Code from 1898 (based mostly on the German CC) states that women are not allowed to remarry until hundred days after the divorce. In 2016, the waiting period was shortened from six months to 100 days. The prohibition of remarriage was introduced to avoid uncertainty regarding the identity of the biological father of a child born in the time after the divorce. The Japanese government plans to scrap this archaic provision in 2022.

The Civil Code states that a child born within 300 days after the mother's divorce will be presumed as the child of her former husband, while a baby born within 200 days of marriage will be presumed as the child of the current husband.This provision had been in place to protect the child's welfare by swiftly determining the child's legal father. While the provision on legal paternity referring to "within 300 days of divorce" will remain intact, the panel's proposed changes would give an exemption to cases in which a woman has remarried at the time she gives birth. In such cases, her child would be recognized as the child of her current husband. Under the existing provision, the claims for legal paternity by the former and current husband would overlap if the woman remarries shortly after divorce and gives birth after 201 days or up to 300 days. Because such claims would no longer overlap, after the changes are made, the 100-day remarriage ban on women would also be scrapped. The current provision on legal paternity has been reviewed mainly to stop a growing number of children from having no family registry, which puts them at a disadvantage in availing a range of health and other services.

Japan gov't panel proposes to scrap 100-day remarriage ban for women - The Mainichi

TOKYO (Kyodo) -- A Japanese government panel on Monday recommended abolishing the current 100-day remarriage ban for women after a divorce, in line wi

mainichi.jp

Gov't panel proposes to scrap 100-day remarriage ban for women

A Japanese government panel on Monday recommended abolishing the current 100-day remarriage ban for women after a divorce, in line with scrapping a century-old Civil Code provision that determines legal paternity. Under existing law, only women face a 100-day waiting time to remarry after...

japantoday.com

 

[mdchachi]

The Japanese Civil Code from 1898 (based mostly on the German CC) states that women are not allowed to remarry until hundred days after the divorce. In 2016, the waiting period was shortened from six months to 100 days. The prohibition of remarriage was introduced to avoid uncertainty regarding the identity of the biological father of a child born in the time after the divorce. The Japanese government plans to scrap this archaic provision in 2022.

Japan gov't panel proposes to scrap 100-day remarriage ban for women - The Mainichi

TOKYO (Kyodo) -- A Japanese government panel on Monday recommended abolishing the current 100-day remarriage ban for women after a divorce, in line wi

mainichi.jp

Gov't panel proposes to scrap 100-day remarriage ban for women

A Japanese government panel on Monday recommended abolishing the current 100-day remarriage ban for women after a divorce, in line with scrapping a century-old Civil Code provision that determines legal paternity. Under existing law, only women face a 100-day waiting time to remarry after...

japantoday.com

Well it made sense at the time. It's not like anybody could conceive a child outside of marriage.

 

[thomas]

Totally agree, however, it's amazing how long it takes some jurisdictions to throw the historical ballast over board.

 

[chrys_oniisan]

It's definitely good news if this ban is no longer in place.

(I didn't even know Japan had such outdated laws, tbh.)

 

[musicisgood]

I remember the 6 month ban. Hmm...

 

[Grandpa Frank]

The ban I always hated was not being able to marry a Japanese woman without losing your security clearance. About a week after I put in my papers to marry my girlfriend , I was at the airport headed to Adak , Alaska , the worst Navy station at that time.

 

[chrys_oniisan]

Sounds impressive. What happened then? What's your point? Dumb questions, still honest ones (I was asking out of curiosity...)

 

[Grandpa Frank]

Love could not conquer all in my case. I wouldn't give up my country for her and she wouldn't leave Japan. After 6 months on Adak , I went back to visit her and confirm marriage plans where she would move to Maine after I got out of the Navy and found us a place to live. For 3 months after I was back in Maine and phoning her once a week , I finally figured out she was not coming and said goodbye forever. When you're young & madly in love , you don't always use common sense. The reason I joined JREF years ago was in hopes of finding out what happened to her and my other friends in Fukuoka. I never did connect with anyone in Japan , but people here on JREF were so nice , I've stayed . You will notice I tend to ramble on here often in my posts. I think us old buggers tend to live in the past too much. And , by the way , thanks for asking and giving me a chance to revisit my past a bit.

 

[chrys_oniisan]

OK... No offense in this, but, how old are you?
Judging from the way you speak, it seems (to me) that you consider yourself as being too old.

Like, when you say "you will notice I tend to ramble..."
or "when you're young and madly in love"
or "I think us, old buggers...".

I'd say those 3 excerpts are clues you tend to judge yourself as being (too) old... Or, at least "not so young anymore"...

Once again, no offense but it's just an impression I got when I read your message... Hence the question about your age...

 

[Grandpa Frank]

72 going on 100 , LOL. Most all my working years involved heavy lifting and my body has paid the price. I usually only leave my house once or twice a month because I can't walk too far without major pain. My world consists of JREF & Facebook now between naps. My family history has no men living beyond 65(father,grandfather etc.) so I'm happy to still be here. I've decided I'm going to make it to 93(don't know why that age?) I've been thinking about changing my user name to "Grandpa Frank" instead of Uncle Frank lately , LOL. I've thought about joint replacement surgery , but I think I would cost more then the guy on the old TV show "The Six Million Dollar Man".

 

[chrys_oniisan]

Just a joke though :
But the question remains : Do you have kids and grandchildren too because if not, then you can't change your nickname from Uncle Frank to Grandpa Frank XD.

And regarding your other joke about the TV show, I'd say all life forms are priceless... Undoubtedly... So we are all worth billions...

 

[Grandpa Frank]

In real life I was too chicken to be a father , but I have thousands of internet kids here in my JREF family , LOL.

 

[Petaris]

Honestly the law probably made sense right up to the point when paternity tests (genetic) became available. It comes back to who the child's father is and who would be legally responsible for them and also what familial benefits that child may be entitled to.

Examples, the father dies and assets should be evenly distributed to any children. If two children were born during the marriage they would inherit but if the third was born after the divorce and the woman had been re-married already there may have been a question about who the father was.

Obviously sex outside of marriage happens but at the time what more could you go on other than divorce happened on X date, last sex during marriage could have been on X, so X plus 9 months = child belongs to ex-husband. Then that child would be included in the inheritance distribution.

Just wanted to point out that it was probably the only way to make these determinations prior to any sort of genetic testing being available. The only other thing you could do is child looks like ex-husband or looks like new husband and really that would be difficult with an infant.

 

[mdchachi]

Honestly the law probably made sense right up to the point when paternity tests (genetic) became available. It comes back to who the child's father is and who would be legally responsible for them and also what familial benefits that child may be entitled to.

Examples, the father dies and assets should be evenly distributed to any children. If two children were born during the marriage they would inherit but if the third was born after the divorce and the woman had been re-married already there may have been a question about who the father was.

Obviously sex outside of marriage happens but at the time what more could you go on other than divorce happened on X date, last sex during marriage could have been on X, so X plus 9 months = child belongs to ex-husband. Then that child would be included in the inheritance distribution.

Just wanted to point out that it was probably the only way to make these determinations prior to any sort of genetic testing being available. The only other thing you could do is child looks like ex-husband or looks like new husband and really that would be difficult with an infant.

They also had blood tests back then which could be used to exclude some possibilities. Not sure if they were legal for use in paternity cases in Japan though.

 

[chrys_oniisan]

In real life I was too chicken to be a father , but I have thousands of internet kids here in my JREF family , LOL.

It's true JREF is a great family, I guess (XD for the "I guess part...).
JREF is a family you can choose to be a part of XD.

(Once again, those are just jokes, no offense to anyone then...)