Advice needed -getting divorce to foreigner

M

Mango

後輩

14 Jun 2004

12

0

• 17 Jun 2004

• #1

Hi,

1) My friend desperately need advice on how a Japanese male can get a divorce when married to a European woman. They are both not living in Japan at the moment and have not lived there for a few years.

2) What the husband can do when the wife does not want a divorce.

3) How the assets can be divided if both, esp the wife has lots of assets. (He does not want any of her assets if she does not demand alimony)

4) Does the husband still have to give alimony to the wife when the wife is earning good money? Their kids are grown up and married.

5) Since he does not live in Japan, can anyone recommend a reliable lawyer whom he might be able to give him advice over the telephone. Will pay, of course.

Thx!

 

Grandpa Frank

Sempai

Admin

Twenty-year veteran

21 May 2003

14,310

4,404

• 17 Jun 2004

• #2

I Think....

he needs a lawyer in the town he lives in.The more experience the lawyer has in divorce, the better. He
might want to hire a professional translator for himself if his language skills aren't top notch?Most places have lawyers for people who don't have much money to pay also.

Frank

☝

 

M

Mango

後輩

14 Jun 2004

12

0

• 18 Jun 2004

• Thread starter
• #3

Hi Frank,

Thanks for your reply.

The problem is, he does not live in Japan at the moment so it is difficult for him to find a lawyer outside of Japan. Therefore, it is difficult for him to look for a lawyer in his hometown since he is not there. I don't even know where he got married. I wonder if he has to get divorced in the prefecture he got married. No, he does not need a translator since he is Japanese and speaks fluent Japanese.

Appreciate your reply anyway. Have a great day.

 

budd

先輩

10 Jul 2003

2,069

19

• 20 Jun 2004

• #4

go ask the officials at the respective embassies of each country.

 

Maciamo

先輩

Twenty-year veteran

17 Jul 2002

5,907

385

• 20 Jun 2004

• #5

Mango said:

The problem is, he does not live in Japan at the moment so it is difficult for him to find a lawyer outside of Japan. Therefore, it is difficult for him to look for a lawyer in his hometown since he is not there. I don't even know where he got married. I wonder if he has to get divorced in the prefecture he got married. No, he does not need a translator since he is Japanese and speaks fluent Japanese.

Click to expand...

I don't quite understand the situation. Where does your friend live ? In Europe ? if so, in which country ? Laws about divorce are different in every country, so to help you we need to know :
1) the nationality of your friend's spouse
2) the country where they got married
3) where they are both living now (country, and city if possible to recommend a lawyer)

I see your flag is from Austria. If your friend's spouse is Austrian, or they got married in Austria, you might want to contact https://jref.com/forum/member.php?u=1, who is Austrian and a jurist. He may be able to help you more.

Anyhow, I don't think your friend will have to pay alimony to his (ex-)wife f she is working and has enough money. The opposite could happen if she is working and not him. Europeans are much fairer and egalitarian in this regard than Japanese.

However, if she does not want to divorce, it will be difficult, except if he can prove that she cheated on him or something like that, but even so it's not sure. Getting divorce in Europe can sometimes take years, while in Japan it can be done in 1 day in easy cases.

In the case of international marriages, there are agreements between countries to regulate this. So it may not be so difficult as the husband is Japanese. But again, either a lawyer, or your friends embassy or the local town hall, will surely be able to inform you better.

 

P

playaa

Dog Youkai

15 Jan 2004

833

24

• 20 Jun 2004

• #6

Best advice you can give to him, is get a Lawyer in the immediate place they are living, who specializes in divorce cases. As they will have to get a divorce where they hold a current residence. It does not matter their nationalities or where they were married, in most cases. I think if you hold a legal residence and own or rent property then you are legal enough to get a divorce as well.

 

thomas

Unswerving cyclist

Admin

14 Mar 2002

21,054

18,910

• 20 Jun 2004

• #7

Hallo Mango, wenn Du willst, schick mir die Details per PM, vielleicht koennen wir Deinem Freund weiterhelfen.

 

M

Mango

後輩

14 Jun 2004

12

0

• 20 Jun 2004

• Thread starter
• #8

Hi!

Thank you everyone who replied to my post. I am overwhelmed by your replies, thanks! I really appreciate it.

Dear Maciamo,
To answer your question, my friend's wife is Swiss and they are currently residing in Indonesia.

Well, the wife is not really working but she gets PLENTY of income from the rental of her properties in Europe, which she does not share with her husband (not one penny) but have been using all his money instead.

Being a greedy woman, even though she is a millionaire and he is not, she might be reluctant to divorce her husband because he has been providing her with such a luxury life with his income. She could live an equally luxury life without him but she does not want to spend her money.

She has not been fulfilling her duty to him as a wife for the last 2 decades, (urm, in the bedroom) which was why he finally wanted a divorce.

The wife is a man-hater & could be a lesbian though there is no evidence to prove it. Therefore, he does not think she is cheating on him.

However, he has found someone new and is currently dating my friend.

We now wonder if he could get a divorce in Indonesia and how the Indonesian divorce laws are like.

Any more advice? Thanks so much once again. Have a great Sunday!

PS
Yes, will get him to go see a local lawyer soon. Thx for that advice.

 

K

Kimota

先輩

15 Jan 2004

21

0

• 29 Jun 2004

• #9

If they've been married for 20+ years, it seems to me that your friend is probably entitled to some of his wife's assets, especially if he's been supporting her. However, since he is apparently the one cheating, he may be on the losing end, depending on the laws of the country he's trying to get a divorce in.

The very fact that they pair haven't had conjugal relations for 2 decades may also be grounds for divorce itself, in some countries.

 

budd

先輩

10 Jul 2003

2,069

19

• 2 Jul 2004

• #10

if they been married for twenty years, something sounds fishy

 

M

Mango

後輩

14 Jun 2004

12

0

• 13 Jul 2004

• Thread starter
• #11

Hi, I think they will get a divorce in Japan as it is too complicated to do so in their country of residence and since my friend is Japanese.

Just curious how the Japanese law is if there are complications. I know it is easy if two parties agree mutually.

Yes, it is unbelievable for an unhappy couple to stay married after 20 over years but they stayed together for the same reasons many conservative Asians do - for the sake of their children.

Thx again for your replies.

 

budd

先輩

10 Jul 2003

2,069

19

• 13 Jul 2004

• #12

though most conservative asians stay married regardless, right?

 

kirei_na_me

Where I'm Supposed to Be

31 Jan 2003

5,051

166

• 13 Jul 2004

• #13

budd said:

though most conservative asians stay married regardless, right?

Click to expand...

The ones I know would and do.

 

budd

先輩

10 Jul 2003

2,069

19

• 13 Jul 2004

• #14

yep
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