Grounds For Divorce
For a divorce through mutual consent, the couple need not approach a court of law. However, in the case where the divorce filed is challenged by the spouse, the court will grant divorce only on the following grounds:
- Infidelity: Divorce will be granted if adultery is proved. Apart from that, they can also sue the person for committing adultery and get compensation.
- Malicious Abandonment: It has to be proved that the spouse has not discharged his/her duties in marriage, for no convincing reason. For example, the wife can divorce the husband if he does not support her financially.
- Spouse’s Whereabouts Not Known: If your spouse is found missing for more than three years, you can proceed with divorce irrespective of the cause of disappearance.
- Acute Mental Illness: Spouse suffers from a serious mental illness that cannot be cured.
- Severe Misbehaviour: Any misconduct that is intolerable such as physical abuse, incompatibility, etc.
Types Of Divorce
The divorce process in
- Divorce By Mutual Agreement: Referred as kyogi rikon in Japanese, this is the simplest form of divorce. When couples mutually agree to divorce, they need to register at the town hall in front of two witnesses. The custody of the child should also be decided and mentioned in the application form. This form of divorce does not even require a solicitor and can be filed on any pretext and not necessarily the ones mentioned in the previous section.
- Divorce By Mediation In A Family Court: When the couple cannot mutually settle the terms of the divorce, one of them can get the assistance of the family court to mediate. Known as chotei rikon, the process involves the family court conducting monthly meetings to mediate on the financial arrangement, child custody, etc. They would also try to make you sign the mutual agreement.
- Divorce By Judgment Of The Family Court: In case even the mediation does not help to reach a mutual agreement, you can start legal proceedings in the family court. Referred as shimpan rikon, the legal proceedings could drain you in terms of money, time and energy.
- Divorce By Judgment Of A District Court: If you are not happy with the ruling of the family court, you can appeal to the district court (saiban rikon). They would then decide on the terms of the divorce, providing certificates for the divorce and final settlement.
Life After Divorce
- Child Custody: Being a country with a traditional socio-cultural set-up, women take care of the family and hence after divorce, the custody of the child is usually awarded to the mother. Even if the mother is of a different nationality, it does not have any bearing on the decision. However, once the custody is given to one of the parents, the other does not get to visit the children or even have any contact with them.
- Alimony: Japanese women aren’t gainfully employed during marriage, which is why divorce may leave them financially vulnerable. A one-time payment is usually offered as alimony, although monthly alimony is also provided in some cases. If a spouse if found to be committing adultery before getting the divorce, the other partner can get compensation from the spouse as well their illegal partner.
The Divorce Process For Foreigners
Foreigners can divorce in
