Legal Japanese lawyers helping foreign victims of unauthorized divorce

The Osaka Bar Association has started to support foreign victims of "unauthorized divorce," a term that refers to cases in which a spouse files for divorce without the knowledge or consent of the partner.

It has become such a growing problem for foreign nationals married to Japanese that the Osaka Bar Association will hold an event titled, "One-Day Divorce Consultation Hotline for Foreigners," on Feb. 15. There, legal experts will provide free consultations on unauthorized divorce, domestic violence and other marital problems. In Japan, when either party submits a divorce notification signed by both spouses to a municipal office, the divorce is finalized as long as the documents are complete. There is no need to affix a seal to the document, so forged signatures have become a problem. This system is said to be a remnant of the Meiji Era (1868-1912), when husbands, considered the "head of the household," could unilaterally divorce their wives. Foreign spouses can be put at a distinct disadvantage in Japan concerning unauthorized divorce due to their status or language barrier.

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Masahito Nakai, a lawyer and bar association member, explained that unauthorized divorces can occur even between Japanese nationals. However, he emphasized that when foreign nationals are involved, such cases directly affect their residency status as a spouse or child of a Japanese national. He warned that individuals who unknowingly lose this status may face difficulties obtaining permanent residency.

Children could also be victimized by unauthorized custody decisions. To prevent unauthorized divorce, a system exists to file a "non-acceptance" petition in advance. However, this can be a complicated process for foreign nationals. Yamamoto said the group hopes to help people recover from damage through our consultation services.

I wonder how likely it is that the foreign national would even know of the existence of the "non-acceptance" petition before actually having to deal with the issue? And how likely are you to go searching for such a thing unless the situation has already gotten bad? If your situation is not bad then filing such paperwork probably would not go over well with your spouse...

Petaris said:

I wonder how likely it is that the foreign national would even know of the existence of the "non-acceptance" petition before actually having to deal with the issue? And how likely are you to go searching for such a thing unless the situation has already gotten bad? If your situation is not bad then filing such paperwork probably would not go over well with your spouse...

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Just like prenuptial agreements, it is all part of due diligence.

thomas said:

Just like prenuptial agreements, it is all part of due diligence.

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Sure, and if you are an adult who has been married before you may well look into that. As a young person getting married for the first time I suspect that divorce is probably not on your mind. I know it wasn't on my mind at that age.

I was married in Japan to a Japanese and was not aware of a non-acceptance. I also did not know one could do a prenup in Japan either Prenuptial Agreements in Japan | The Law Office of Jeremy D. Morley "Prenuptial agreements are not common in Japan. They have never been a part of Japanese culture, even for the upper class" "Nonetheless it is accepted that prenuptial agreements are generally enforceable in Japan, provided they are well drafted and in conformity with the provisions of the Civil Code and other provisions of Japanese law." I agree that very few will do the research to learn about those things when they are getting married for the first time it may also make unpleasant feelings with the family and potential spouse when things like prenups are not part of the culture there, could try though.

My wife has been talking about plans for us for the next few decades so I assume she is not going to divorce me but as we are planning to return I will sure be applying for that permanent residence in three years as should all people who are married to a Japanese with a spousal visa. Permanent residency does not solve the child custody issue but it does solve the visa issue. I suppose some of these marriages may not last three years, I know some you put off applying for permanent residency just out of laziness as well. If one's spouse passes away that can also remove your spousal visa I suspect.