Basically non-Japanese who are living in Japan can get divorce in accordance with Japanese law. However you should confirm international private law and divorce system of your country before you get divorce in Japan.
There are four types of divorce system following;
- Divorce by agreement (Kyogi Rikon), based on mutual agreement.
- Divorce by mediation in a family court (Chotei 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 (Shimpan 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.
You need to notify your divorce to a local Japanese government which you are residing.
How to make certificate of divorce which effective outside Japan
- We translated the certificate of divorce into English which is issued by local governments of Japan.
- We make notarization and certification by the Ministry of Foreign Affairs of Japan and consular of foreign countries in Japan to make sure that the English version is true translation of Japanese original text.
You should make sure divorce condition of yours when you get divorce. Usually, applicable law should be Japanese law if you get divorce in Japan. In that case, divorce condition may be complicated for non-Japanese people.
We make divorce agreement in Japanese and English to make sure the divorce condition not only to Japanese spouse but also to non-Japanese spouse.
Please refer to the sample of divorce agreement following:
離婚協議書 Divorce agreement
*** ***（昭和**年**月**日生、以下「夫」という）と, ** **（昭和**年**月**日生、以下「妻」という）は、離婚について協議した結果、下記のとおり合意する。
A husband named *** *** who was born in the **th day of ** 19** (hereinafter referred to as "HUSBAND") and a wife *** *** who was born in the **th day of ** 19** (herein after referred to as "WIFE") confirm agreement as mentioned in the following as a result of discussing divorce.
Article 1. HUSBAND and WIFE have reached getting divorce by agreement and have signed and stamped with filling in necessary items in a report of divorce.
We arrange notarial deed for the contract of provision by divorce.
We also make official translation in English for the notarial deed which is certified by notary public and the Ministry of foreign affairs of Japan and is attached apostille.
Please refer to the sample of notarial deed following:
HEISEI 23 No.***
Notarial deed for the contract of provision by divorce and so on. The notary make this deed by the request from the person concerned with record of statement concerning following legal act.
Husband, *** *** (who was born in the **th day of May 19**, Japanese national, hereinafter referred to as "HUSBAND"), and Wife, *** *** (who was born in the **th day of May 19**, ***** national, hereinafter referred to as "WIFE"), agree as a result discussion on divorce as follows;
Article 1. -------------------------